UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 41, Issue 13 / March 26 - 29, 2018 Title X compromise reached, state Requirements for correctional over- budget adjustments advanced crowding emergency plan advanced he state Department of Cor- rectional Services would be Trequired to develop an acceler- ated release plan for inmates under a bill advanced by the Legislature March 29. Introduced by Lincoln Sen. , LB841 calls for an ac- celerated release plan to go into effect if the de- partment is oper- ating at 140 per- cent of capacity on July 1, 2020. The plan would Sen. Patty Pansing Brooks remain in place until the inmate popu- Sens. , Burke Harr and Matt Williams discuss the negotiated amendment with Sen. lation reaches 125 percent of capacity. , who opposed its adoption. Pansing Brooks said a 2017 report awmakers reached a compro- diagnosis and treatment of sexually by the inspector general of the Nebras- mise on Title X provisions in transmitted diseases, cancer screenings ka Correctional System showed that Lthe state’s mainline budget and family planning services. Federal has the second highest rate March 28, amending and advancing grant funds dispersed by the state of prison overcrowding in the country the bill to final reading. through the program cannot be used behind only Alabama. The average LB944, introduced by Speaker Jim to perform abortions. daily population of Nebraska’s cor- Scheer at the request of the governor, A provision included in LB944 as rectional system is 5,343 inmates, she contains recommendations for state part of Gov. ’ mid-bien- said, which is 155 percent higher than operations and state aid to schools nium budget proposal would prohibit its design capacity of 3,435 inmates. and agencies. Lawmakers engaged in federal Title X funds from being paid “We must take action now to ensure extended debate during several rounds or granted to an organization that individuals are released back into the of discussion on both general and performs, assists, provides counsel- community in a way that keeps all of select file on a provision in the bill ing in favor of or refers for abortion our citizens safe should an overcrowding regarding Title X funding disburse- services. An otherwise qualified or- emergency become necessary,” she said. ment to health clinics that also provide ganization that is affiliated with, but The plan would provide a process abortion services. objectively independent from, such an for the department director to certify Nebraska receives funds from the organization—which the bill defines that an overcrowding emergency exists, federal Title X program that are used as legal, physical and financial separa- prepare and submit a list of parole- to subsidize preventive and reproduc- tion—would not be disqualified from eligible inmates to be considered for ac- tive health services, including the receiving funds under the bill. celerated release and develop a process (continued page 3) (continued page 2)

INSIDE: Greater child seat requirements approved • Bill equalizes district court caseloads March 26 - 29, 2018

Requirements for corrections overcrowding plan advanced (continued from front page) by which the board of parole would of its system-wide staffing needs prescribed and dispensed a examine inmates for potential release. and provide a report to the Leg- medication-assisted treatment to The department’s plan must be islature by Sept. 15, 2020 and reduce or eliminate an inmate’s delivered to the Legislature no later every six years thereafter; use of opiates upon release. than Dec. 1, 2018. • LB852, introduced by Lincoln Howard spoke in support of the A Judiciary Committee amend- Sen. Kate committee amendment, which in- ment incorporated into the bill provi- Bolz, which cluded provisions of her LB932. There sions of several additional bills: would au- is a dearth of substance abuse services • LB366, introduced by Hastings thorize the and providers in Nebraska, she said, so Sen. Steve department it is important to help inmates control Halloran, to allow an cravings for opioids while locating and which would inmate to securing those services. change the temporarily Sen. “Offering inmates about to be re- name of the leave a facility to participate leased the opportunity for a discharge Office of Pa- in substance abuse treatment, protocol around medication-assisted role Admin- attend rehabilitative program- therapy gives inmates the opportunity istration to Sen. ming or seek residency or em- to not have those cravings for at least a the Division of Parole Super- ployment; and month while they find the substance vision and place the division • LB932, in- abuse assistance they need,” Howard within the Board of Parole; troduced by said. • LB692, introduced by Bel- Omaha Sen. Crete Sen. Laura Ebke introduced levue Sen. Sara Howard, an amendment to the committee , which would amendment, adopted 37-0 March 27, which would require the which removed the following bills direct the de- department’s from the committee amendment: partment to medical di- Sen. Sara Howard • LB816, introduced by Omaha complete a rector to establish a protocol for Sen. Ernie Chambers, which comprehen- determining whether an inmate would authorize the Nebraska sive analysis Sen. Carol Blood soon to be released should be State Patrol to investigate al- (continued page 4) 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, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018 Compromise reached, budget adjustments advanced (continued from front page) Supporters said the provision is sure that no woman would be losing Pansing Brooks said. “We have de- needed in light of questions raised her access to this important care,” cided to allow things to be placed in by state audits to ensure that Title X Howard said. “Everybody in the room the budget that shouldn’t be in the funds are not “comingled” with funds really gave everything to try and find budget.” used to provide abortion services. something that would work.” Lincoln Sen. said Opponents said the restrictive referral Lincoln Sen. Kate Bolz, vice chair- the language “almost certainly” would language would jeopardize funding for person of the Appropriations Com- exclude Planned Parenthood from re- the state’s federally qualified health mittee, spoke in support of the amend- ceiving Title X funding, which he said centers and hinder access to health ment, saying its adoption would provides health care services to 8,000 care. ensure funding for the state’s overall to 10,000 Nebraskans. He said there Scheer offered an amendment priorities through advancement of is no assurance that another provider March 28 that he said represents the the budget. will be able to step in and serve those culmination of “hours and hours” “This is a compromise that pro- individuals. of negotiation by senators on both tects our state’s ability to continue to “There are going to be real impacts sides of the divide. He said the provide essential services through the on real people,” Morfeld said. “I sim- agreement was fair and the result of Title X program, including cancer ply, from a principled position, cannot perseverance and a desire to pass the screenings, preventive health services support this legislation or this amend- Appropriations Committee’s budget and prenatal care,” she said. ment because if it is enacted into law, adjustments. Sen. of Lincoln, who I believe it will unlawfully exclude one “This is it, folks,” Scheer said. also participated in the negotiations, provider in particular.” “This is as good as it gets.” said the result was a compromise that After two hours of discussion, While the amendment continues would ensure Nebraska’s continued senators voted 43-4 to invoke cloture, to prohibit the referral of a patient to access to Title X funding. or cease debate and vote on the bill. an abortion service, the definition of “This process put us in a room and The amendment was adopted on a referral would be limited to the act of did what I believe we should do here in vote of 40-4 and LB944 advanced to recommending a pregnant woman to this body: listen to each other, identify final reading 44-4. doctors, clinics or other persons or common goals that will help Nebras- Three other budget bills were ad- entities for the purpose of obtaining kans and work towards that goal. And vanced to final reading March 21 by an abortion. where we could work together—with- voice vote: Neutral, factual, nondirective out compromising our principles and • LB945, also introduced by information about prenatal care and beliefs—we did,” Hilgers said. Scheer at the request of the delivery, infant care, foster care, adop- Other senators said inclusion of governor, which would trans- tion and pregnancy termination in an the Title X language in the budget bill fer funds and change transfer emergency situation in accordance represented overreach by the executive provisions; with state law would not constitute branch into the Legislature. • LB946, introduced by Scheer, an abortion referral. Sen. Patty Pansing Brooks of Lin- which would change provisions Omaha Sen. Sara Howard, who was coln said senators were rewarding relating to the state’s Cash Re- among the senators who negotiated inappropriate behavior from the gov- serve Fund; and the language, said the emergency ex- ernor by not removing an “incendiary” • LB950, introduced by Business ception comes from existing state law public policy issue from the budget and Labor Committee chair- and was included to allow a physician process. She called the language a “hit person Sen. of to use his or her good-faith clinical job” on Planned Parenthood, which Thurston, which would provide judgement to ensure that a woman’s she said is the provider to nearly one for payment of claims against life and safety is guaranteed. in three Nebraskans who currently use the state. g “Our main goals were to ensure Title X services. access [to Title X funds] and to make “I think that we have acquiesced,”

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 26 - 29, 2018

(continued from page 2) which would create a coordi- dress an inevitable prison overcrowd- legations nated reentry council. ing emergency. of criminal Ebke said the governor, state De- “Every item we identified as a criti- misconduct partment of Correctional Services and cal decision point ... came out of the within the Board of Parole had expressed concerns studies that this Legislature has put department; about these bills and recommended together over the last seven years,” he • LB853, in- removing them to ensure the passage said. “No, we do not need the permis- troduced by of the others in the amendment. sion of anybody outside this chamber Bolz, which Sen. Ernie Chambers She said the best way to ensure to do something.” would authorize the depart- lasting success in the operation of the Echoing that sentiment was Co- ment to continue contracting state’s criminal justice system is for lumbus Sen. Paul Schumacher. He with counties to house state all branches of government to work said senators must be forceful when inmates in county jail facilities; cooperatively. state agencies fail to comply with legis- • LB868, introduced by Pansing “This will move us forward by lative directives, whether intentionally Brooks, which would require implementing a number of recom- or not. the Board of Parole to provide mendations by our own oversight “We struggled with several bills in the department and an inmate committees, while ensuring that we as the past to try and limit the use of soli- with notice within 10 days when legislators can work with the agencies tary confinement, much to no avail,” an inmate affected,” she said. Schumacher said. “When institutions has been Krist objected to the removal of the do not want to comply, it’s really hard deferred pa- four bills in the Ebke amendment. He unless you’re really aggressive as a Leg- role; and said each bill directly addressed issues islature to make them comply.” • LB1118, in- identified by various special investiga- Following the 32-0 adoption of the troduced by tive and oversight committees. committee amendment March 29, Omaha Sen. Krist urged lawmakers to act inde- senators voted to advance the bill to , Sen. Bob Krist pendently and with expediency to ad- select file on a 37-1 vote. g

by the Nebraska State Historical Soci- will be shared equally by each party. ety and may accept money donated as In order to carry out any agreements gifts, bequests or other contributions made, the Nebraska State Historical from public or private entities. Society is authorized to dispose of these Mechanism for Willa Cather The bill also authorizes the state real properties using the vacant build- property preservation approved Department of Economic Develop- ing and excess land process. ment to use the Civic and Community LB379 passed on a 49-0 vote. Lawmakers approved a proposal Center Financing Fund to provide March 29 to fund preservation and grants of assistance in the preservation restoration of properties related to and restoration of historic buildings author Willa Cather. owned by a nonprofit organization if LB379, sponsored by Omaha Sen. a contractual relationship is created Burke Harr, creates between a municipality and the non- Social worker for each ESU the Willa Cather profit organization. advanced Historical Build- The Nebraska State Historical Soci- ing Cash Fund ety may enter into an agreement with Senators advanced a proposal to assist with the the Willa Cather Foundation to transfer March 26 to place a social worker restoration of the clear title of properties described in the in each of the state’s 17 educational Cather House and bill from the state to the foundation at service units to aid students with be- the Antonia Farm- Sen. Burke Harr no cost to either party other than prop- havioral and mental health problems. house. The fund will be administered erty transfer transactional costs, which Introduced by Fremont Sen. Lynne

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Walz, LB998 would not the state—pay for a program if it is “Currently, the majority of school create a fund for extended. It would authorize ESUs or districts within my legislative district a collaborative the coordinating council to hire a social do not receive any state aid,” he said. school behavioral worker but would not require them to. “The total bill for running our school and mental health Elkhorn Sen. districts is coming on the back of the program. Once the introduced an amendment to the com- property tax payers.” initiative receives mittee amendment, adopted 26-0, that The amendment failed on a 17-14 $3.6 million in Sen. would limit the program’s funding to vote. funding, each ESU would hire a social private donations. It also would end Lawmakers then voted 27-8 to ad- worker who would train teachers and the program in 2022. vance the bill to select file. school personnel and work with par- The amendment would require ents, schools, behavioral and mental each school district with which a social Special instruction for dyslexic health care providers and other resourc- worker interacts to designate a contact students clears first round es to connect students with services. person for that social worker at each “The issue of mental and behavioral school in the district. A bill that would require Nebraska health within our state has been an on- “Every school, every building needs schools to provide special reading going and increasing problem for years, to have a person in that building that instruction for students with dyslexia and it’s not going away,” Walz said. is the go-to point person for these beginning this fall advanced from “This is one answer … to get children, social workers,” Linehan said. “The general file March 27. educators and families the resources job we’re handing these people is LB1052, introduced by Lincoln Sen. and the preventative care they need.” enormous anyway—at the very least, Patty Pansing Social workers hired under the they ought to know when they walk Brooks, would program could use screening and as- into a building who they’re to talk to.” require schools sessment tools to identify students in Bayard Sen. opposed to provide stu- need of services and assist in matching the bill and filed a bracket motion to dents who are students with appropriate health care effectively end debate on it for the ses- identified as providers. sion. Even though Linehan’s amend- exhibiting char- The ESU coordinating council ment would sunset the program and acteristics of Sen. Patty Pansing Brooks would solicit annual program plans ensure that no public funds are used, dyslexia with evidence-based literacy from each ESU, identify evidence- he said, a future Legislature could instruction using a multisensory ap- based best practices in interventions choose to continue the program using proach. A technical assistance docu- for students, coordinate training for property tax dollars. ment created and distributed by the social workers and other school per- “This is another program we’re state Department of Education would sonnel and complete annual evalua- going to start,” Erdman said, “and as provide guidance on that instruction. tions of the program. It also would cre- we have discussed many times here, The document also would provide ate and maintain a statewide map of seldom does a program ever sunset.” information on dyslexia’s character- behavioral and mental health services. Erdman’s motion failed on a 7-15 istics, its associated conditions and Walz has said that private donors vote. indicators and the screening, evalu- have agreed to fund the program. As Sen. Dan Hughes of Venango also ation, instruction and intervention introduced, the bill would have re- opposed the bill. He filed an amend- for dyslexia. Information would be quired that a program’s cost be shared ment that would prohibit any ESU distributed to all school districts, by the ESU, school districts within the from receiving revenue from property educational service units and teacher ESU, state general funds and private taxes, state aid or state general funds education programs in the state to donations if the ESU decides to con- for a program that it administers and promote awareness of dyslexia. tinue the program beyond three years. that was started with private funds. Pansing Brooks said that prior to An Education Committee amend- Hughes said that the amendment last year, Nebraska was one of only 10 ment, adopted 31-2, instead would would ensure that no property tax dol- states with no laws regarding dyslexia, require that the ESU, school districts lars are used to pay for the program if resulting in misconceptions and a lack within the ESU and private donors— its sunset date is extended. of evidence-based interventions.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 26 - 29, 2018

“I feel gratified that we’ve devel- serving the accountability that the Leg- requirement all al- oped a bill that has the broad support islature was looking for,” Kuehn said. legations of sexual of dyslexia advocates, teachers, special Introduced by the Legislative Per- abuse of a state educators, school administrators and formance Audit Committee, the bill ward or a juvenile others,” she said. “In the end, [the would require that only reports of regu- on probation, in a bill] means we are providing more lations mandated by law—rather than detention facility interventions and opportunities for all regulations—be reported to the Leg- or residential child- kids to learn and thrive.” islative Performance Audit Committee. caring agency. Sen. LB1052 would prohibit school Agencies would be required to report The bill also requires that the an- districts from requiring a student who to the committee as to why regulations nual report of the DHHS Division of exhibits characteristics of dyslexia to have not been timely promulgated. Children and Family Services include obtain a medical diagnosis to receive “Those are the regulations of great- the number of sexual abuse allegations interventions. est concern to the Legislature when that occurred among children being The bill also would require that the reporting requirements were ad- served by the division and those placed each teacher education program ap- opted and it makes sense to focus our at a residential child-caring agency. proved by the State Board of Educa- efforts on them,” Kuehn said. Also required is the number of tion include dyslexia instruction in its The bill also would remove a require- corresponding screening decision initial program course requirements ment that the Executive Board or the occurrences by category, open in- beginning in July 2019. appropriate standing committee receive vestigations by category and agency Lawmakers voted 39-0 to advance annual reports regarding mandatory substantiations, court substantiations the bill to select file. regulations that have not been promul- and court-pending status cases. gated within the time frame required by Included in the bill are provisions law. Instead, the bill would require agen- of Crawford’s LB1073, which require cies to include that information in the DHHS to include in their existing reports that they already provide to the weekly report to the Foster Care Legislative Performance Audit Office. Review Office whether relative and Agency reporting regulation The Executive Board or a stand- kinship placements are licensed or updates advanced ing committee also could request the received a waiver. information. Also included are provisions of A bill that would modify agency LB751 advanced to select file on LB411, sponsored regulation reporting requirements to a 32-0 vote. by Lincoln Sen. the Legislature advanced from general Kate Bolz, that file March 26. Child welfare reporting bolster reporting Heartwell Sen. , chair- requirements approved requirement to person of the Per- ensure that rea- formance Audit Reporting requirements regarding sonable efforts are Committee, said the state’s child welfare and juvenile made to place chil- Sen. Kate Bolz LB751 would re- justice systems are strengthened under dren in state care with their siblings. move a current bur- a bill passed March 29. Under the bill, DHHS is required densome reporting Currently, all cases of death or seri- to file a written sibling placement requirement and ous injury of a child in a foster home, report with the court within 30 days lessen confusion. Sen. John Kuehn private agency, child care facility or of a juvenile being placed in state care Agencies currently are required to other program licensed by the state and at specified intervals while he or report some information to the Leg- Department of Health and Human she remains in state care. The bill also islative Performance Audit Office Services must be reported to, and in- clarifies that a sibling can be in the and some to the Executive Board and vestigated by, the office of the inspec- group of parties to a case who may file standing committees, he said. tor general of Nebraska child welfare. a motion for joint-sibling placement, “LB751 would simplify and stream- LB1078, introduced by Bellevue visitation or ongoing interaction be- line the reporting process, while pre- Sen. Sue Crawford, adds to that tween the siblings.

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018

The sibling report must include: Under LB724, introduced by “LB1038 extends the online voter • the reasonable efforts of the Omaha Sen. Jus- registration deadline from 5 p.m. to department to locate the child’s tin Wayne, a keno prior to midnight on the deadline siblings; operator would be date,” Thibodeau said. • if a joint-sibling placement is required to keep The bill advanced 42-0. made, whether such placement cash receipts from continues to be consistent with the sale of keno the safety and well-being of the tickets segregated children; from other rev- Sen. Justin Wayne • if joint-sibling placement is not enue until deposited in a single possible, the reasons why a joint- nonsegregated account. The state tax sibling placement is and contin- commissioner could authorize the Dogs and cats added to equine ues to be contrary to the safety or electronic transfer of keno funds from massage bill, advanced well-being of any of the siblings; that nonsegregated account to the • the department’s continuing rea- bank account of a lottery operator, Lawmakers simplified a bill March 28 sonable efforts to place a child county, city or village no later than five intended to enable the practice of equine with a sibling in the same foster business days after they were collected. massage in Nebraska and advanced it care or adoptive placement; and The bill also requires that gross to final reading. • the department’s continuing lottery proceeds be deposited into the As amended reasonable efforts to facilitate account of the sales outlet location, on general file, sibling visitation. lottery operator, county, city or village LB596, introduced DHHS must file a notice of place- no later than five business days after by North Platte ment with all of a child’s known sib- they were collected. Sen. , lings. A parent or sibling may choose to The bill passed on a vote of 47-0. would have created opt out of receiving such notifications. a registry system Sen. Mike Groene The department also is required to for equine massage practitioners. make reasonable efforts to place sib- Groene said the bill would remove lings together, even if there is no pre- unnecessary barriers for people who existing relationship between them. It want to start businesses caring for is left to the court to determine what horses through massage. He said that constitutes such reasonable efforts. Extended time for voter the current licensure requirements The bill passed on a vote of 49-0. registration advanced are so restrictive that there are no licensed equine massage practitioners Nebraska voters would have more in Nebraska. time on the final day of online voter During general file debate, con- registration under a bill advanced cerns were raised by Heartwell Sen. from general file March 27. John Kuehn that the registry still Currently, the deadline for online Electronic transfer of keno would constitute excessive regulation registration to vote in person on elec- funds approved on the part of the state. He brought tion day is the third Friday before the an amendment on select file, adopted Lawmakers passed a bill March 29 election. LB1038, introduced by Oma- 34-0, that removed the registry provi- that would change the way keno loca- ha Sen. Theresa sions and replaced the bill. tions handle keno revenue. Thibodeau at the The amendment instead defines State law requires a keno operator request of the Ne- equine massage practice as the applica- to keep keno revenue separate from braska secretary tion of hands-on massage techniques other sources. Keno sales outlets ac- of state’s office, for the purpose of increasing circula- complish this by keeping two bank would create a tion, relaxing muscle spasms, relieving accounts, one for keno revenue and deadline of mid- Sen. Theresa Thibodeau tension, enhancing muscle tone and another for all other funds. night on that day. increasing range of motion in equines.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 26 - 29, 2018

The amendment also specifies that Child support updates approved and located in the state. an individual who engages solely in Williams said many small, rural equine massage practice would not be A bill that harmonizes Nebraska’s Nebraska communities have lost covered by the Veterinary Medicine child support program with federal law pharmacies due to retirements, leaving and Surgery Practice Act. passed March 29. residents without convenient access to “We recognized … that [the previous LB702, spon- their prescription medications. amendment] really didn’t necessarily sored by Seward “LB731 provides a framework for get to the spirit of what we are trying Sen. Mark Kolter- remote dispensing to occur in Nebras- to do,” Kuehn said. “[This change] is man, clarifies that ka with legal requirements in place to keeping in line with all of the ideas that children who are ensure patient safety,” Williams said. we’ve talked about this session regard- covered by Med- Under the bill, a remote pharmacy ing occupational licensure reform.” icaid and other would have to be located at least 10 Groene supported the amend- needs-based health Sen. driving miles from the nearest phar- ment, noting that the bill has garnered care programs in Nebraska have health macy and dispensing would occur un- widespread attention. care coverage. der remote supervision via a real-time “I do know that there are three The bill also clarifies that incarcera- audiovisual communication system by ladies in my county who are anxiously tion is not considered voluntary unem- a licensed pharmacist employed by a awaiting this outcome so that they can ployment for child support purposes. supervising pharmacy. pursue their lifelong dream,” he said. The state Department of Health A remote dispensing pharmacy Omaha Sen. Ernie Chambers of- and Human Services is required to would be required to have the same fered an amendment, adopted 39-0, notify parents of their right to request pharmacist in charge as the supervis- that added dogs and cats to the bill’s a review and adjustment of a child ing pharmacy, who would be respon- definition of massage practice. support order within 15 days of learn- sible for drug utilization review, final LB596 was advanced to final read- ing that a noncustodial parent will be verification and supervision of the ing by voice vote. incarcerated for longer than 180 days. remote dispensing pharmacy. A sepa- LB702 passed on a 49-0 vote. rate license would be required for the Developmental disability remote dispensing pharmacy. funding priority for military Omnibus occupational A Health and Human Services dependents approved licensure bill advanced Committee amendment, adopted 33-0, would prohibit a pharmacy from also A new funding priority for military de- A bill that would allow pharmacies being licensed as a remote pharmacy. pendents with developmental disabilities in Nebraska to provide remote drug The amendment also specifies that was created under a bill passed March 29. dispensing was amended to become an a pharmacist in charge would not be Current law specifies a hierarchy of omnibus health and human services required to work within the physical funding priorities for disability services licensure measure and advanced from confines of a remote dispensing phar- in Nebraska under the Medicaid home general file March 27. macy unless otherwise required by law. and community-based services waiver. Gothenburg Sen. Matt Williams, The committee amendment also LB685, sponsored by Bellevue sponsor of LB731, added provisions of four additional bills: Sen. Carol Blood, said the bill would • LB681, introduced by Bellevue allows dependents improve access to Sen. Carol Blood, which would of a member of the prescription medi- adopt the physical therapy li- U.S. Armed Forc- cations in rural censure com- es who is a legal and underserved pact; Nebraska resident areas of Nebraska. • LB788, in- due to the service Under the bill, a Sen. Matt Williams troduced by member’s military Sen. Carol Blood pharmacy could provide remote dis- Ralston Sen. assignment in the state to become the pensing at a location staffed by a certi- , fifth priority in that hierarchy. fied pharmacy technician and owned which would The bill passed 48-0. by a supervising pharmacy licensed require cer- Sen. Merv Riepe

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018

tain providers to enroll in opiate in accordance with the compact which would remove a current administering and prescribing rules. ban on consuming, serving, continuing education; Blood said 15 states currently are possessing or distributing alco- • LB1107, introduced by Elkhorn compact members and eight are pursu- hol by entities operating under Sen. Lou ing membership. Nebraska’s inclusion the Cosmetology, Electrology, Ann Line- in such compacts benefit military fami- Esthetics, Nail Technology, and han, which lies that move frequently and include Body Art Act; and would re- a spouse whose occupation requires • LB1042, in- duce licen- licensure or certification, she said, troduced by sure hour re- which physical therapy does. Omaha Sen. quirements “Additionally, with telemedicine Sara How- for barbers, Sen. Lou Ann Linehan quickly becoming such an important ard, which cosmetologists, estheticians and tool to our medical community—espe- would ad- nail technologists; and cially in the underserved communities dress regula- • LB790, in- of our state—physical therapists must be tion and li- Sen. Sara Howard troduced by able to practice across the barrier that censure under the Act. Crete Sen. is created by geography,” Blood said. Linehan said the changes would Laura Ebke, Riepe said that provisions of LB788 reduce barriers of entry to a variety of which would would ensure that Nebraska health occupations by removing burdensome, provide for li- care providers who prescribe opioids unnecessary licensure requirement censure of mo- do so in a safe and effective manner involving cosmetologists, guest artists bile cosmetol- Sen. Laura Ebke and are aware of new guidelines. and barbers. Among other provisions, ogy and nail technology salons. The bill would require nurse mid- the bill would: LB681 would add Nebraska to the wives, dentists, physicians, physician • reduce from 2100 to 1800 the existing Physical Therapy Licensure assistants, nurse practitioners, podiatrists required hours for cosmetolo- Compact. Under the compact, which and veterinarians who prescribe con- gist licensure; exists to facilitate interstate practice of trolled substances to obtain five hours • reduce from 1900 to 1800 the physical therapy by providing mutual of continuing education regarding the licensure hours required for a recognition of member state licenses administering and prescribing of opiates, barber license; for physical therapy practitioners, including the risks and indicators of ad- • eliminate a credit requirement Nebraska would be required to: diction and emergency opiate situations. for esthetician licensure; • participate fully in the govern- Thirty minutes of the education • reduce from 925 to 600 the ing commission’s data system; must explain the state’s prescription licensure hours beyond cosme- • have a mechanism in place drug monitoring program. The bill’s tology licensure to be a cosme- for receiving and investigating continuing education requirements tology instructor; complaints regarding licensees; would terminate Jan. 1, 2029. • eliminate a requirement that a • notify the compact of any ad- “As members of the Nebraska person must be registered to act verse action or investigative in- Legislature, we must continue to do as a guest artist, guest body artist, formation regarding a licensee; our part to respond to this national cosmetician, student, apprentice • fully implement a criminal emergency as it continues to draw or student instructor; and background check requirement; closer to Nebraska,” Riepe said. • change the ratio of student • use a recognized national exami- An amendment offered by Seward instructors to each full-time nation for licensure; Sen. Mark Kolterman and adopted instructor from three to two for • establish continuing compe- 29-0 reduced the overall requirement a school of cosmetology. tence requirements as a condi- from five hours to three. Ebke said provisions of her LB790 tion for license renewal; and Among other provisions, LB1107 would allow cosmetology licensure • grant privileges to a licensee contains provisions of two additional to evolve to meet the needs of new holding a valid, unencumbered bills: businesses. license in another member state • LB794, introduced by Riepe, “Current statutes do not account

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 26 - 29, 2018 for technology changes that have made Early miscarriage commemo- tive certificate. The amendment also mobile businesses in cosmetology fea- rative certificates advance would mandate that DHHS provide a sible and the requirement in law of a form on the agency’s website that could fixed business location makes mobile A bill that would authorize the be used to affirm a nonviable birth. operations impossible,” she said. provision of a commemorative cer- Lincoln Sen. sup- Under the provisions, a motor tificate of nonviable birth for early ported the bill and the amendment. home could be licensed as a mobile cos- miscarriages cleared the first round of She said that her miscarriage at 16 metology or nail technology salon if it: legislative debate March 28. weeks of gestation was “devastating” • is clearly identified as such to Thurston Sen. Joni Albrecht, spon- and that a commemorative certificate the public by a sign; sor of LB1040, said could validate that grief for families • has an entrance that provides that an optional who have had a similar experience. safe access by the public; certificate has been “When a mother sees a positive preg- • has at least 150 square feet of available since nancy test, her role is changed forever,” floor space, and an additional 2008 in Nebraska she said. “For those women who grieve 50 square feet for each addi- for miscarriages the loss of their child [by] miscarriage tional practitioner; that occur after 20 in early pregnancy, does that hurt less?” • includes functional sink and weeks of gestation. Sen. Joni Albrecht Omaha Sen. Ernie Chambers ques- toilet facilities and maintains an One in four women will experience tioned why DHHS should be part of adequate supply of clean water a miscarriage, she said, and the vast that grieving process. and waste water storage capacity; majority occur prior to 20 weeks. “Why don’t the parents—or the • complies with the sanitary The pain and loss can be severe, she parent or the family—just put together requirements of the Cosme- said, no matter the length of gestation. a certificate themselves?” Chambers tology, Electrology, Esthetics, The ability to commemorate the loss said. “Why does the state have to be Nail Technology and Body Art would help women and their families drawn into this?” Practice Act; and grieve, she said. LB1040 advanced to select file • meets the requirements of the “Every pregnancy loss is a tragedy 36-1. Uniform Standard Code for that has a profound impact on women Manufactured Homes and and entire families, yet most go unrec- Direct primary care pilot Recreational Vehicles and the ognized,” Albrecht said. program clears second round rules and regulations adopted As introduced, the bill would have and promulgated under the bill. required a health care practitioner A bill that would create a pilot No cosmetology services could who attends or diagnoses a nonviable program offering direct primary care be performed while a mobile salon birth to advise the patient that they can to state employees was amended and is moving. The bill would require a request a certificate of nonviable birth. advanced to final reading March 28. mobile salon to be safely and legally The certificate would be issued by the LB1119, sponsored by Ralston parked in a legal parking space at all state Department of Health and Hu- Sen. Merv Riepe, times while clients are present inside. man Services within 60 days of request. would create a pi- Seward Sen. Mark Kolterman offered The commemorative certificate lot program for and later withdrew would not result in the registration state employees eli- an amendment of a live birth or be used to calculate gible to participate that would have live birth statistics. The certificate also in the Nebraska added provisions could not be used in support of a civil state health insur- of his LB360 and action seeking damages for injury or ance program. The Sen. Merv Riepe adopt the Surgical wrongful death. three-year pilot program would begin Technologist Regis- A Health and Human Services in fiscal year 2019-20 and require that try Act. Sen. Mark Kolterman Committee amendment, adopted 30-1, the state insurance program include at Following adoption of the commit- would allow a health care practitioner least two primary care options—one tee amendment, LB731 advanced to to delegate the duty to notify a patient high-deductible and one low-deduct- select file on a vote of 34-0. of the ability to request a commemora- ible—for state employees.

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018

The University of Nebraska system, incentivized to find the best value by Lincoln Sen. Kate state colleges and community colleges receiving cash from savings attained.” Bolz, a patient would not be included in the pilot The act would require participat- can designate a program. ing insurers to disclose the allowed surrogate to make Under the bill, a participating pro- amount for a nonemergency admis- health care deci- vider would be required to: sion, procedure or service within sions on his or her • provide primary care to an three working days. The information behalf in the event enrollee; provided to a patient or prospective that the patient Sen. Kate Bolz • coordinate care across all care patient by the insurance carrier also becomes incapacitated. settings; would identify out-of-pocket costs. In the absence of a formal designa- • oversee transitions in care be- Insurers would be required to tion, a member of the patient’s family tween settings; and develop and implement a program can act as surrogate in the following • minimize the risk of gaps in care. that provides incentives for insured descending order of priority: spouse, Providers would receive a monthly individuals who opt for services from adult child, parent or adult sibling. payment of a per-member, per-month network providers that charge less If no family member is available to fee for each enrollee and would be than the average price paid by the serve as a surrogate, an adult who has required to continuously monitor insurer for that health care service. exhibited special care and concern care quality measurements. The state Individuals would receive at least 50 for the patient and is familiar with Department of Administrative Ser- percent of the insurer’s saved costs for the patient’s personal values may be vices would provide the Legislature each service chosen. designated as surrogate. an annual report on the clinical and Gothenburg Sen. Matt Williams If multiple people of equal stand- financial performance of the program. supported the amendment. ing assume authority as a surrogate but The bill also would establish mini- “We have a looming crisis in health they disagree on a health care decision, mum standards and patient satisfac- care and looking at alternative ways to the supervising health care provider tion measurements—which a provider be sure people understand what they will comply with the majority decision. must continually monitor—including a are buying, how much they are paying A surrogate will be required to patient engagement measurement and for it and—with right to shop—having make health care decisions in accor- a prevention measurement. the insurance company have the op- dance with the patient’s instructions Riepe offered an amendment during tion to give incentives … just makes and wishes, if known. Otherwise deci- select file debate to add provisions of great sense moving forward,” he said. sions must be made in the patient’s his LB604, which would adopt the Ne- Following the 33-0 adoption of best interests, taking into account his braska Right to Shop Act. The act would a technical amendment offered by or her personal values. apply to any health insurance carrier in Riepe that would extend the direct Decisions made by a health care sur- the state that elects to be subject to it primary care pilot program by one rogate will not require judicial approval. and would give DAS the discretion to year, LB1119 advanced to final reading The bill specifically prohibits an develop and implement a right-to-shop by voice vote. owner, operator or employee of a health program for state employees. care facility at which the patient is resid- Riepe said a similar program in ing or receiving care from acting as a New Hampshire has saved the state surrogate. An exception can be made $12 million and has saved consumers if that person is related to the patient more than $1 million. by blood, marriage or adoption. “Right to shop is a price trans- Process approved for health The bill passed on a 48-0 vote. parency [measure] and it empowers care surrogacy consumers with the knowledge to Bill equalizes district court make smart choices about how and The Legislature passed a bill March caseloads where to obtain health care,” he said. 29 that allows people to make health “Through right to shop, insurance care decisions for certain adults and Lawmakers passed a bill March 29 carriers provide patients with tools to emancipated minors. that will help equalize caseloads in the find the best value [and] patients are Under LB104, introduced by district court system.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 March 26 - 29, 2018

LB697, intro- pertinent information about their foster the law to include duced by Crete child’s history with sexual abuse, Wayne intimidation by Sen. Laura Ebke, said, but the caseworker explicitly told electronic com- changes the geo- them no such history existed. Neither munication, such graphic boundar- the agency nor the caseworker faced as a text message ies of Judicial Dis- legal consequences as a result, he said. or an email. It also tricts 1, 2 and 10. “At a bare minimum, our state removes the terms Otoe County will Sen. Laura Ebke should never be deceitful or misrep- “terrify,” “annoy” Sen. Robert Clements move from District 2 to District 1. Clay resent crucial facts about that child’s and “offend” to address a possible and Nuckolls counties will move from history so that a family can make an conflict with the First Amendment. District 1 to District 10. informed decision about whether they The offense is a Class III misdemean- The bill passed on a 49-0 vote. have the capability to handle what that or with a maximum penalty of three child may bring,” Wayne said. months in prison, a $500 fine or both. Civil liability for foster care A Judiciary Committee amend- As amended, the bill also updates misrepresentation advanced ment, adopted 34-0, eliminated a Nebraska law to reflect new payment provision in the original bill that card technology and makes it a crime The state Department of Health would have removed similar immunity to possess a scanning device or encod- and Human Services could be held provisions under the Political Subdivi- ing machine with the intent to use it to liable in certain civil proceedings un- sions Tort Claims Act. obtain information encoded on a card der a bill advanced by the Legislature Syracuse Sen. without authorization from the card’s March 28. spoke in support of the bill. He said user, the card’s issuer or a merchant. Currently, a state agency and its em- DHHS must be held accountable for Senators voted 47-0 to pass the bill. ployees have legal immunity from civil disclosing all available information to claims arising from misrepresentation families considering foster care place- Proposal that would prevent or deceit under the State Tort Claims ments or adoption. child custody being denied Act. LB729, intro- “It does not make sense to have a due to disability advanced duced by Omaha law requiring caseworkers to disclose Sen. Justin Wayne, information to adoptive families and The Legislature advanced a bill would remove that then immunize them when they inten- from general file March 27 that would immunity, which tionally or unintentionally fail to do protect the custodial rights of people could make those so,” Watermeier said. with disabilities. parties liable in civil Senators advanced the bill to select LB845, introduced by Albion Sen. Sen. Justin Wayne court proceedings. file on a 40-0 vote. , would Specifically, the department could prohibit the denial be liable if it fails to inform potential Prohibition against threatening or restriction of pa- adoptive or foster parents of issues electronic communications rental custody based relating to a state ward’s behavioral approved solely on a parent’s health, mental health, educational or disability in cases medical history, including a ward’s Lawmakers gave final approval when custody is de- potential history being a victim or March 29 to a bill making it a criminal termined to be oth- Sen. Tom Briese perpetrator of sexual abuse. offense to threaten someone with a erwise in the best interests of the child. Wayne said he introduced the bill text or email message. Briese said it would preserve the in response to allegations of child Previously, a person committed the best interests of a child as the primary sexual abuse within the state’s foster offense of intimidation by telephone consideration when deciding child care system. He said one family had call if he or she telephoned someone custody cases. begun the adoption process of their with the intent to terrify, intimidate, “This bill recognizes that individu- foster child, who then sexually as- threaten, harass, annoy or offend. als with disabilities face societal biases saulted another of their children. LB773, sponsored by Sen. Rob- relative to their ability to successfully The parents had repeatedly asked for ert Clements of Elmwood, amends parent children,” he said. “This is good,

PAGE 12 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018 common-sense legislation that protects to include firefighters and out-of- , requires medical prac- the rights of parents with disabilities hospital emergency care providers. titioners to notify and the best interests of the children.” LB913, intro- patients—or a par- A Judiciary Committee amend- duced this session ent or guardian of ment, adopted 28-0, replaced the bill. by Omaha Sen. a patient under 18— As amended, the bill would prohibit Mike McDonnell, of the risk of addic- the court from giving custodial pref- extends such pro- tion and overdose erence to either parent based on the tections to include when prescribing disability of a parent. health care profes- opiates and other Sen. Brett Lindstrom O’Neill Sen. ex- sionals who prac- Sen. Mike McDonnell Schedule II prescription medications. pressed concern that one parent could tice at hospitals or health clinics. The notification is required prior to face an unduly high burden of proof The bill passed on a 47-0 vote. the initial prescription and again before in demonstrating another parent’s issuing a third prescription. unsuitability to care for a child. Tighter controls on opiate Under the bill, a practitioner is Senators advanced the bill to select prescriptions passed required to discuss the risks of addic- file on a 31-0 vote. tion and overdose, including: A bill to tighten restrictions on • the fact that controlled substanc- Assault protections extended dispensing opiates in Nebraska was es and opiates are highly addictive to health care providers passed by the Legislature March 29. even when taken as prescribed; LB931, sponsored by Omaha Sen. • there is a risk of developing a The Legislature passed a bill March Sara Howard, lim- physical or psychological depen- 29 that enhances assault penalties for its opiate prescrip- dence on opiates or controlled health care providers. tions for a patient substances; Under a bill passed in 2011, any younger than 18 • reasons why the prescription is person who knowingly and intention- to no more than a necessary and alternatives that ally strikes a public safety officer with seven-day supply. A may be available; and a bodily fluid is guilty of a Class I medical practitio- • taking more controlled substanc- misdemeanor assault, which carries ner will be required Sen. Sara Howard es or opiates than prescribed, a penalty of up to one year imprison- to discuss the risks associated with or mixing sedatives, benzodiaz- ment, a $1,000 fine or both. opiates with the patient’s parent or epines or alcohol with controlled The charge is upgraded to a Class guardian. Exceptions to the seven-day substances or opiates, can result IIIA felony if the person committing the limitation can be made for chronic in fatal respiratory depression. assault strikes a person’s eyes, mouth or pain, cancer diagnosis or palliative care. A medical practitioner must make skin and knows that the fluid is infected If a health practitioner deems such note of such discussion in the patient’s with HIV, hepatitis B or hepatitis C at an exception appropriate for a patient, medical record. the time the assault is committed. he or she is required to document the LB934, introduced by Heartwell A Class IIIA felony carries a penalty medical condition requiring the pain Sen. John Kuehn, of up to three years imprisonment medication in a patient’s medical requires a person with 18 months of post-release supervi- record and indicate that a non-opiate picking up an opi- sion, a $10,000 fine or both. alternative was not appropriate to ad- ate prescription to People protected under the original dress the condition. provide valid photo legislation include law enforcement The bill’s provisions will expire on identification un- officers, correctional employees and Jan. 1, 2029, to allow lawmakers to less the pharmacist employees of the state Department of revisit the need for continuation of has an established Sen. John Kuehn Health and Human Services if the per- the program. relationship with the patient and can son committing the offense is classified Provisions of two additional bills positively identify him or her. A driver as a dangerous sex offender under the addressing opiate prescriptions are license, operator license, Nebraska Sex Offender Commitment Act. included in the bill. state identification card, military iden- The statute was expanded in 2014 LB933, introduced by Omaha Sen. tification card, alien registration card

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 March 26 - 29, 2018 or passport are considered acceptable whitetail doe deer from $250 LB822, which the committee replaced forms of identification. to $500; with an amendment that would autho- A patient, resident or employee of • mule deer with a minimum of rize the Nebraska Power Review Board a licensed health care facility is exempt eight total points and a spread to withhold competitive or proprietary from this provision if identification between beams of at least 22 information that would give an advan- procedures are in place for the receipt inches from $5,000 to $10,000 tage to business competitors. and administration of controlled sub- and for all other mule deer from The amendment defines such in- stances at the facility. $1,000 to $2,000; formation as that which “a reasonable The bill passed on a 48-0 vote. • mountain lions, lynx, bobcats, person, knowledgeable of the electric river otters or raw pelt from utility industry, could conclude gives $500 to $5,000; and an advantage to business competitors.” • wild turkeys from $100 to $500; Hughes introduced the amend- A Natural Resources Committee ment, which received a public hearing amendment, adopted 38-4, added on March 7, in response to a Nebraska Increased game law damages, provisions of four other bills heard by Supreme Court opinion from Feb. 23. records exemption for public the committee this session. The justices reversed a Platte County power advanced LB713, introduced by Sen. Steve District Court’s decision that would Erdman of Bayard, have allowed the Nebraska Public Pow- Senators gave first-round approval would increase er District to withhold proprietary in- March 26 to a bill that was amended to compensation of formation from a potential competitor include several bills related to natural those serving on that had requested documents showing resources, including a provision that the Nebraska Oil cost and revenue information for each would allow public power utilities to and Gas Conserva- of NPPD’s generation facilities. withhold information that could give tion Commission, The Supreme Court wrote that, in competitors an advantage. which regulates Sen. Steve Erdman order to withhold the information, As introduced by Brainard Sen. the oil and natural gas exploration and NPPD had to show that releasing it Bruce Bostel- production industry in the state. As would give an advantage to competi- man, LB1008 amended by the committee, it would tors and serve no public interest. It would increase raise the per diem for commissioners overturned the lower court’s decision the amounts of from $50 to $400 and would increase because NPPD did not prove the sec- liquidated dam- the annual compensation cap from ond element of that two-pronged test. ages for a person $2,000 to $4,000. Both courts interpreted relevant who illegally sells, LB820, introduced by Venango public records statutes differently, purchases, takes Sen. Sen. Dan Hughes, Hughes said, and both speculated on or possesses certain wildlife. would authorize the Legislature’s intent. He said the It would increase damages for: the Nebraska Pow- Supreme Court has indicated the Leg- • mountain sheep from $15,000 er Review Board to islature should clarify whether it wants to $25,000; assess a $500 fine the public power industry to provide • elk with a minimum of 12 points on a private elec- private competitors with information from $5,000 to $10,000 and tric supplier that they would need to underbid public from $1,500 to $3,000 for all begins construc- Sen. Dan Hughes utilities in the Southwest Power Pool, other elk; tion on a renewable energy generation a group of utilities and power genera- • whitetail deer with a minimum facility less than 30 days before notify- tion companies that oversees electric- of eight points and a spread ing the board of its intent. ity infrastructure in Nebraska and 13 between beams of at least 16 LB762, also sponsored by Hughes, other states. inches from $5,000 to $10,000; would extend the sunset date for the “If we don’t clearly put our intent • all other antlered whitetail deer state’s scrap tire grant program from into statute,” Hughes said, “Nebraska from $1,000 to $2,000; 2019 to 2024. ratepayers will be negatively impacted.” • antlerless whitetail deer and The amendment also includes Hughes said the amendment would

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018 allow utilities to protect information information—such as a contract be- to those unequalized districts, Groene that could give competitors an advan- tween a public utility and a private said, reducing their reliance on prop- tage while ensuring that the public company—should be confidential, erty taxes. The bill also would reduce would have access to a utility’s other but he said public utilities’ generation property tax bills for those living in records. costs should be available to ratepayers. equalized districts by reducing the Sen. of Gordon op- “We as shareholders own public maximum levy, he added. posed the public power provision. power,” he said, “and we have a right A pending Revenue Committee Brewer said he has not received in- to know where that money is going.” amendment would replace the bill, formation he requested from NPPD Hughes filed a motion to invoke reducing the maximum levy for school regarding its planned R-Project, a cloture, or cease debate and vote on districts from $1.05 per $100 of tax- 225-mile high-voltage transmission the bill. The motion succeeded 35-4. able valuation of property in a district line that will be routed in part through Thirty-three votes were needed. to 98.7 cents per $100. the Sandhills region. The Brewer amendment failed on a Groene introduced an amend- “A senator can request information vote of 8-28. Senators then voted 42-2 ment, adopted 25-8, that replaced and not get it now,” he said. “What’s to advance the bill to select file. the committee amendment. It would going to happen when we give them the decrease the maximum levy by the ability to hide additional information?” same amount beginning in fiscal year Brewer filed an amendment that 2019-20 but would use the entire $224 would prohibit the construction of million in the state’s property tax wind energy projects in counties that credit fund for school aid. Groene said have not adopted zoning regulations Proposal to use property the amendment also would allow the that address a project’s impact on tax credit fund for additional property tax credit fund to grow along property values and the environment, school aid debated with increases in state aid required by among other factors. the state’s school funding formula. Sen. Jim Smith of Papillion support- The Legislature debated a bill A district could qualify for the ed the committee amendment. With- March 27 that would use the state’s property tax relief aid if its property out it, he said, the Supreme Court’s property tax credit cash fund to direct tax receipts exceed 55 percent of its ruling would require the state’s public more state aid to schools. total revenue. A school district that power utilities to release proprietary As introduced last session by North receives property tax relief aid would information to private competitors, Platte Sen. Mike Groene, LB640 decrease the amount of property taxes which would ultimately hurt ratepayers. would decrease the it collects by the same amount. “This is a common-sense fix to keep maximum levy for The bill would calculate a school the playing field level for public utilities school districts and district’s “property tax gap” by sub- and investor-owned utilities,” he said. direct money in the tracting 55 percent of its total gen- Sen. Matt Williams of Gothenburg state’s property tax eral fund revenue from the school’s agreed, saying that the state would credit cash fund— general fund property tax receipts. never require a private company or non- which is funded by A district would receive 75 percent profit to divulge its business secrets. He state income and Sen. Mike Groene of that gap in property tax relief aid opposed Brewer’s amendment, which sales taxes—to increase state aid to from the state. A two-thirds majority he said would be a de facto moratorium districts that lose money as a result. vote of a district’s school board would on wind energy development in coun- Because of the dramatic increase in be required to access the remaining 25 ties without specific zoning regulations. agricultural land valuations over the percent of the gap. “I don’t think there’s any place in past decade, Groene said, more than School districts that do not qualify this for the state telling counties what 170 of the state’s 244 school districts for property tax relief aid could receive they have to do,” Williams said. receive no equalization aid, which is an option enrollment relief correction Sen. Tyson Larson of O’Neill state aid intended to cover the needs of of 6.3 cents per $100 of valuation if opposed the portion of the commit- school districts that cannot be met by their net option funding is greater tee amendment dealing with public other resources, such as property taxes. than 90 percent of the preliminary power. He acknowledged that certain LB640 would direct more state aid state aid calculated for the district.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 March 26 - 29, 2018

Sen. Lou Ann Linehan of Elkhorn cial Security benefits if AGI is $58,000 supported the bill, saying that it would or less for those married filing jointly or provide additional state aid to most $43,000 or less if filing as an individual. school districts. Even many equalized LB738, introduced by Omaha Sen. districts in metro areas would see an Brett Lindstrom, increase in state aid under LB640, would index those Greater child seat requirements she said. exemption thresh- approved “It’s a matter of fairness,” she said, olds for inflation “and I can’t see where anybody gets in the same way Child safety seats will get more hurt.” the state’s income use under a bill passed by lawmakers Lincoln Sen. opposed tax brackets are in- March 29. the bill and filed a motion to bracket it, dexed. He said this Sen. Brett Lindstrom LB42, introduced by Omaha Sen. which effectively would end debate on would ensure that inflation does not , extends by two years the proposal for this session. Baker said erode the buying power of a retiree’s a requirement that many school districts across the Social Security benefits. that children be state would not receive the proposed Lindstrom said Nebraska is one secured in an ap- property tax relief aid because their of 13 states that taxes social security proved child safety property tax receipts do not exceed 55 income and that Iowa and Missouri restraint device percent of their general fund revenue. have repealed their state tax on those that is correctly Baker also questioned whether benefits. installed in the ve- school districts could count on the state “[Retirees] are speaking with their hicle. Children up Sen. Robert Hilkemann to fulfill its obligations under LB640. dollars and leaving Nebraska for bor- to age 8 must now be properly restrained “What’s lacking is evidence of der states who have either reformed by such safety devices in moving vehicles. sustainability,” he said. “There have Social Security or do not tax Social The device has to be located in been so many years in the past where Security at all,” he said. “We cannot a vehicle’s rear seat, if available. Ad- [the school funding formula] has not afford our neighboring states to con- ditionally, the bill requires that all even been fully funded.” tinue to profit off our losses.” children up to age 2 use a rear-facing The Legislature adjourned for the The state Department of Revenue device until the child outgrows the day before voting on the committee estimates that the bill would decrease device manufacturer’s height or weight amendment or the bill. Per a practice state revenue by $1.3 million in fiscal requirements. implemented last year by Speaker year 2019-20. That would increase to The bill passed on a 40-2 vote. Jim Scheer, the sponsor of a bill that $3.9 million by FY2021-22. is facing a potential filibuster must A committee amendment, adopted Wireless surcharge remittance demonstrate sufficient support for a 37-0, would extend the bill’s effective changed cloture motion before the measure will date from tax year 2019 to tax year 2020. be scheduled for additional debate. Sen. Paul Schumacher of Co- A bill that moves the responsibility lumbus supported the bill, but he to collect and remit a surcharge on Indexing of Social Security cautioned senators about its potential prepaid wireless phones from service tax exemption thresholds impact on the state budget when it is providers to retailers received final advanced fully implemented. approval from lawmakers March 29. “Always beware and analyze the Nebraska wireless customers pay Income thresholds the state uses to delayed implementation of anything, three surcharges administered by the determine whether Social Security ben- because almost always it is to make you Nebraska Public Service Commission, efits are exempt from taxation would feel good that you’ve done something including one that funds wireless be indexed for inflation under a bill now and make the guys and gals down E911 service and another that pays advanced by the Legislature March 27. the road have to worry about how to for telecommunications services and Under current law, federal adjusted pay for it,” he said. equipment for those with hearing or gross income for state tax purposes is Senators advanced the bill to select speech impairments. reduced by the amount received as So- file on a 36-0 vote. LB157, introduced by Sen. Curt

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018

Friesen of Hen- street superintendent license would the year application for the title was derson, changes change from one to three years. The made and the make of the vehicle how the third renewal fee would change from $10 as assembled. The base registration surcharge—for the annually to $30 every three years. fee for assembled, reconstructed and state’s Universal Thibodeau said the change would replica vehicles would be the same as Service Fund—is have little to no fiscal impact but would automobiles with a new value of less collected and re- decrease by two-thirds the number than $20,000, which currently is $5. mitted. The fund Sen. of renewals the Board of Examiners Henderson Sen. Curt Friesen intro- pays for programs that ensure urban and for County Highway and City Street duced an amendment during select file rural Nebraskans have comparable acces- Superintendents would have to review. debate that would incorporate provi- sibility to telecommunications services. “This would create a more cost- sions of three additional bills, including: Retailers collect and remit the first efficient system because of the reduced • LB900, introduced by Bostel- two surcharges to the state Department [state Department of Transportation] man, which would update refer- of Revenue, which then transfers the staff hours that would be required to ences to federal transportation funds to the PSC and the state treasurer. process renewals,” she said. laws and increase fines for certain Wireless providers had been required The bill also would allow those motor carrier statute violations; to remit the USF surcharge directly to holding Class A and Class B licenses • LB860, introduced by Friesen, the PSC, but LB157 requires sellers of to renew both at once. which would provide compensa- prepaid wireless products to collect and Senators advanced the bill to select tion for motor vehicle dealers remit the USF surcharge to the depart- file on a 35-1 vote. affected by recalls and stop-sale ment like the other two surcharges. orders; and Retailers may retain 3 percent of Transportation omnibus bill • LB980, introduced by Syracuse the wireless surcharges they collect amended, advanced Sen. Dan from consumers. Under LB157, the Watermeier, department may retain 0.5 percent of A bill that would make numer- which would prepaid wireless surcharges to reim- ous changes to existing motor ve- allow for the burse its administration costs. hicle titling and registration laws was transporta- Retailers now are required to re- amended and advanced from select tion of divis- mit prepaid wireless surcharges on a file March 28. ible loads of monthly basis unless they collect less LB909, introduced by Brainard hay bales on Sen. Dan Watermeier than $1,000 in surcharges in the previ- Sen. Bruce Bostel- the interstate. ous year. In that case, they may remit man, would re- The Friesen amendment was ad- annually. quire that certifi- opted 41-0. Senators voted 46-0 to pass the bill. cates of title for Omaha Sen. Burke Harr also filed assembled and kit an amendment on Extension of superintendent vehicles include select file, adopted license advanced the year, make and 36-0, that incorpo- model the vehicle Sen. Bruce Bostelman rated provisions of Lawmakers gave first-round ap- resembles. The title also would indi- his LB1011, which proval March 26 to a bill that would cate that the vehicle is reconstructed. would require a extend the duration of certain superin- A vehicle owner could apply for a driver approaching tendent licenses. title by presenting a certificate of title a tow truck, main- Sen. Burke Harr Under LB733, for one major component part, a no- tenance vehicle or garbage or recycling introduced by tarized bill of sale for all other major service vehicle to proceed with caution Omaha Sen. The- component parts that have been re- and move over if possible. resa Thibodeau, placed, a statement that an inspection Provisions of six other bills previ- the duration of has been conducted on the vehicle and ously were amended into LB909 on a Class B county a vehicle identification number. general file, including: highway or city Sen. Theresa Thibodeau The certificate would include • LB1092, introduced by Papil-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 March 26 - 29, 2018

lion Sen. Jim Creation of 911 service the committee, at least four members Smith, which committee approved must be appointed from each of the would create state’s three congressional districts. separate pro- The Legislature passed a bill March Each will serve a term of three years. cedures for 29 that improves access to 911 services The commission is tasked with operators of throughout the state. creating a mechanism for determining autocycles A bill passed by the Legislature in the level of funding available to local that are not Sen. Jim Smith 2016 authorized the Nebraska Public governing bodies, public safety answer- completely enclosed; Service Commission to organize fund- ing points and third-party service or • LB740, introduced by Omaha ing for a statewide system capable of infrastructure providers from the 911 Sen. Brett Lindstrom, which next-generation service. This will en- Service System Fund. would allow the Metropolitan able public safety answering points to Costs incurred for providing 911 Utilities District to register receive 911 calls via voice, text or video service, acquiring new equipment, vehicles in the same manner as using internet protocol. training personnel and maintaining, public power districts beginning LB993, introduced this year by upgrading or modifying services all Jan. 1, 2023; Henderson Sen. are eligible for funding under LB993. • LB895, intro- Curt Friesen, cre- Additionally, the commission can duced by Lin- ates the 911 Ser- apply for federal funds available for coln Sen. Su- vice System Ad- next-generation 911 service and can zanne Geist, visory Commit- distribute the funds accordingly. which would tee to assist the The bill provides legal immunity make a series commission in its to people installing, maintaining or of technical mission to fully Sen. Curt Friesen providing service, except in cases of updates to Sen. Suzanne Geist implement the 911 service system. failure to use reasonable care or for current DMV statutes; Membership of the advisory com- intentional acts. • LB896, also introduced by mittee includes the 911 director and The Enhanced Wireless 911 Fund Geist, which would clarify that the state chief information officer, as will be integrated into the 911 Service the operative date for certain well as: System Fund. sections relating to electronic • four representatives of public The bill passed on a 49-0 vote. certificates of title would be no safety agencies within the state, later than Jan. 1, 2021; including an emergency man- Study of rural broadband • LB1049, introduced by Harr, ager, member of a law enforce- availability advanced which would amend the defi- ment agency, member of a fire nition of low-speed vehicles to department and a member of A proposal to study expanding include certain three-wheeled an emergency medical service; high-speed internet access to rural motor vehicles; and • two county officials or employees; areas of the state was advanced from • LB1136, introduced by Elmwood • two municipal officials or em- general file March 27. Sen. Robert ployees; Henderson Sen. Curt Friesen Clements, • two representatives of the tele- introduced LB994, which would cre- which communications industry; ate the Rural Broadband Study Task would pro- • two managers of public safety Force to assist in developing enhanced vide a mech- answer points, one of whom is broadband telecommunications ser- anism for employed by a county sheriff; vice to unserved and underserved online auto • one representative of the Ne- areas in rural Nebraska. auctions to Sen. Robert Clements braska Association of County He said broadband internet service obtain titles for vehicles pur- Officials; and is needed to support business, agricul- chased as salvage vehicles. • one representative of the League ture, education and health care needs LB909 was advanced to final read- of Nebraska Municipalities. in the state’s rural areas. ing by voice vote. Of the 14 members appointed to “It is vital to Nebraska’s future

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018 well-being that our rural residents service in rural areas; introduced by Friesen. These would have the same ability to participate in • study alternatives for deploy- exempt the sale, lease or rental of and the information superhighway as our ment to unserved or under- the storage, use or consumption of dark urban residents,” Friesen said. served areas such as reverse auc- fiber from state sales and use taxes. A Transportation and Telecommuni- tion programs, public-private Fremont Sen. Lynne Walz supported cations Committee amendment, adopt- partnerships and funding for the bill, but expressed concern that the ed 30-0, replaced the bill. As amended, competitive deployment; Legislature might not take action based the task force would be renamed the • recommend state policies to on the study’s findings. She noted that Rural Broadband Task Force. effectively leverage state Uni- nine task forces, working groups and Membership on the task force versal Service Fund dollars with studies on rural broadband access have would include a member of the Ne- federal support; and been commissioned since 2006. braska Public Service Commission, • recommend to the governor She said the residents of rural Ne- the director of the state Department and Legislature the most effec- braska cannot wait any longer. of Economic Development and the tive and efficient ways to use “It’s becoming increasingly clear that director of the state Department of federal broadband rural infra- affordable and reliable internet access is Agriculture. Additional members structure funds. no longer a luxury, but a necessity,” Walz would be appointed by the governor, The Nebraska Information Technol- said. “The world is changing quickly and including representatives from the ogy Commission would host a Rural rural communities will need high-speed state’s agribusiness, business, tele- Broadband Task Force Fund to pay internet, not only to stay competitive, communications, public power and for the study, which initially would be but to grow and prosper.” educational communities. funded by a $50,000 transfer from the Following the adoption of a techni- The Transportation and Telecom- Nebraska Internet Enhancement Fund. cal amendment, senators voted 29-0 to munications Committee chairperson A final report of the task force’s advance the bill to select file. g and another member of the Legisla- findings would be delivered to the ture appointed by the Executive Board Legislature’s Executive Board no later would serve as nonvoting, ex officio than Dec. 1, 2019. Committee members. The chairperson of the Ne- LB994 also would authorize the Ne- braska Information Technology Com- braska Public Service Commission to Hearings mission would chair the task force. withhold funding from companies that Current hearing schedules are always available at: The task force would study issues have not provided adequate broadband NebraskaLegislature.gov/calendar relating to the availability, adoption internet to unserved or underserved and affordability of broadband ser- areas. The withheld funds could be Tuesday, April 3 vices in rural areas of the state. Specifi- used to institute a reverse auction Government, Military & Veterans Affairs cally, the task force would: program that would award funding to Room 1507 - 12:00 p.m. broadband internet service providers to • Appointment: Jeanna Stavas - • determine how the average ad- Nebraska Tourism Commission vertised subscription rates and support high-speed internet infrastruc- • Appointment: Kate Sullivan - download and upload speeds ture deployment projects in these areas. Nebraska Accountability and compare with neighboring states; The amended bill clarified that Disclosure Commission • determine whether the ad- such funding must be used only in the • Hearing on Dept. of Corrections rules and regulations from LB446 (1994) ministration of the Nebraska exchange area where it was originally • Hearing on Tourism Commission rules Telecommunications Universal granted. and regulations from LB1053 (2012) Service Fund is effective in The commission would establish • Hearing on Secretary of State rules bringing comparable and af- a registry of locations within the state and regulations from LB964 (1996) that receive complaints of a lack of LR292 (Clements) Encourage fordable broadband service to Nebraskans to show respect for rural residents; wireless coverage. The annual report Nebraska and its history and encourage • review the feasibility of alterna- would be publicly available and could recitation of a pledge tive technologies and providers be used in future funding decisions. LR257 (Chambers) Petition the in expediting access to faster Finally, the amended bill also appropriate officials to determine if the President is unable to discharge the and more reliable broadband incorporated provisions of LB966, responsibilities of his office g

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