Vol. XXXVI No. 13 UNICAMER AL April 2 - 5, 2013

• the Legislature’s news source since 1977 • stories published daily at update.legislature.ne.gov UPDATE Early childhood education funding advanced enators gave first-round approval April 5 to a bill that would allocate funds to support early childhood Seducation grant programs. LB495, introduced by Cedar Rapids Sen. Kate Sullivan, would direct funds from the Education Innovation Fund to the early childhood education grant program administered by the state Department of Education. Scheduled distribu- tions include $1.75 million in fiscal year 2013-14, $1.85 million in FY2014-15 and $1.95 million in FY2015-16. Sullivan said investments in early childhood education result in a high return on investment. “The research tells us it’s important to invest in early childhood education,” she said. “We have 152 school dis- tricts that have early childhood programs. They recognize the importance and it’s essential we keep the ball rolling.” An additional $1 million from the Education Inno- vation Fund would be directed to the Early Childhood Endowment Cash Fund annually for the next three fiscal years for grants to public school programs that serve at-risk children from birth to age three. The bill would change a funding source for programs currently supported by the Education Innovation Fund.

(continued on page 2) Sen. Kate Sullivan explains the benefits of early childhood education. Bill to ease foster care transition advances ertain state wards who have aged out of the foster • placement in a foster home, institution or indepen- care system could continue to receive services un- dent living; and Ctil age 21 under a bill given first-round approval • continued case management to help access addi- April 5. tional supports. LB216, introduced by Lincoln Sen. Amanda McGill, McGill said federal law allows states to extend foster would allow eligible youth to enter into a voluntary foster care services to age 21 and research shows that youth who care agreement with the state Department of Health and continue to receive services have improved chances of suc- Human Services (DHHS) for extended services, including: cess when they transition from foster care. Currently, she • Medicaid; said, 71 percent of former female state wards in Nebraska • postsecondary education assistance; are pregnant by age 21 and 80 percent of males are ar- • continued foster care maintenance payments; rested by age 26. (continued on page 2)

INSIDE: Shortened early voting period • Environmental Trust land purchases • Meet Sen. Davis April 2 - 5, 2013

Early childhood education funding advanced (continued from front page) General fund dollars would be used ported the bill, saying it represents education has advanced exponentially to fund: a small price to pay for ensuring the in just a few years. • an integrated student informa- success and stability of children. “Research shows that if kids have tion system; “A lot of these children are behind a high quality early education experi- • the Center for Student Leadership from the day they’re born and spend ence before age five, it yields long term and Extending Learning Act; their entire life struggling to get benefits,” he said. “They are more • multicultural education; and ahead,” Hadley said. “The wealth of likely to graduate high school, own • employment costs for individu- the parents should never be used to a home and earn as much as $2,000 als investigating and prosecut- determine the success of the child.” more per month as adults.” ing alleged teacher and admin- Lincoln Sen. Bill Avery also sup- Following adoption of two techni- istrator certificate violations. ported the bill. He said research on cal amendments, senators advanced Kearney Sen. Galen Hadley sup- the positive effects of early childhood the bill to select file on a 33-0 vote. g

Bill to ease foster care transition advances (continued from front page) “LB216 would provide these youth with a variety of DHHS support program for youth leaving foster care, is services to help prevent some of these negative outcomes,” not codified in state law. Furthermore, she said, many McGill said. state wards are unaware that To qualify for the pro- the program exists or do gram, an applicant would not fit its narrow eligibility need to be: requirements. • employed for at least A Health and Human 80 hours per month; Services Committee amend- • enrolled in an insti- ment, adopted 28-0, clarifies tution that provides that DHHS is not required to postsecondary or voca- have legal counsel present at tional education; a young adult’s permanency • completing a second- review hearing and raises ary education or a the age from 14 to 16 that program leading to an youth in foster care would equivalent credential; receive information about the • participating in a program. program or activity The amendment also designed to promote moves appointment and or remove barriers to oversight of the advisory employment; or committee from DHHS to • incapable of doing any the Nebraska Children’s of the above activities Commission and expands the due to a medical con- case management description dition. outlined in the bill. Sen. Amanda McGill answers questions about LB216. Among other provisions, Lincoln Sen. Kathy Camp- the bill also creates the Young Adult Voluntary Services bell, chairperson of the committee, said LB216 was one of and Support Advisory Committee. four bills under consideration this session that comprise a McGill said the Former Ward Program, the existing strategic plan to improve the state’s child welfare system.

PAGE 2 • UNICAMERAL UPDATE • 103RD LEGISLATURE April 2 - 5, 2013

Fullerton Sen. Annette Dubas sup- happened in ported the bill, saying taxpayers have years past, is an obligation to help young people that we will all who were removed from their homes feel like we’ve by the state. Without the proper sup- done some- port, she said, the transition to adult- thing,” Coash hood is difficult and too many former said. “When state wards become unwed parents on in fact what state assistance or enter the criminal we’ve done is: justice system. we’ve framed “We’re going to invest money in the problem, these young people one way or the we’ve framed other,” Dubas said. a solution, McGill offered an amendment, and then we’ve adopted 31-0, that raised the age of taken the so- eligibility for the program from 18 lution and to 19 and would exclude youth who funded it at 50 entered the foster care system through percent. If we the Office of Juvenile Services. start to do this The change was made to reduce the and fund it at Sen. questioned narrowing eligibility requirements in LB216. bill’s fiscal impact, she said, and likely 50 percent, is to provide a comprehensive case would lower the number of youth we’re probably doing more harm plan for youth who are transitioning eligible for the program from around than good.” out of foster care, which will reduce 400 per year to approximately 175. North Platte Sen. Tom Hansen their reliance on homeless shelters Lincoln Sen. Colby Coash sup- questioned the need to create an and other narrowly focused programs. ported the bill, but expressed concern entirely new program. He said it ap- “We have young people who are about narrowing the program to a peared that existing programs could floundering,” she said, “and when point that could exacerbate the prob- provide sufficient assistance to former they get out of foster care, they don’t lem, which he described as a frequent state wards, citing the state’s Homeless know where to go.” dilemma. Assistance Program. Senators voted 28-1 to advance “So what will happen, as has Campbell said the goal of the bill LB216 to select file. g Unicameral Youth Legislature igh school students with an Students will learn about the inner interest in law, government, workings of the Legislature directly Hleadership or public speaking are from senators, staff and lobbyists. Bills encouraged to register for the 2013 will be based on legislation considered Unicameral Youth Legislature, which during the current legislative session. will convene June 9-12. Early-bird registration is available The Unicameral Youth Legislature until April 1. Registration forms can is a four-day legislative simulation be obtained from the Legislature’s conducted at the State Capitol Unicameral Youth Legislature page: Building and coordinated by the www.nebraskalegislature.gov/edu- Clerk’s Office of the Nebraska cation/unicamyouth.php Legislature. Student senators will and the UNL Big Red Summer Aca- sponsor bills, conduct committee demic Camps website: hearings, debate legislation and liferaydemo.unl.edu/web/4hcamps/ discover the unique process of the bigredcamps. nation’s only unicameral. The registration deadline is May 15.

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 April 2 - 5, 2013 Meet the Senator “Rancher/actor” cast as state senator eath at the High School Reunion never appeared in Western Nebraska are primary concerns of his, adding on Broadway, but one of its playwrights—Sen. that seven counties in his large district are at risk of losing DAl Davis—presents a familiar scenario: alumni half of their population by 2033. grudgingly attend their high school reunion, where their He said he wants to address two other issues while serv- youthful wrongdoings and melodramatic stereotypes re- ing in the Legislature: tax reform and state tourism. The surface. Davis, his wife Dottie and several other Hyannis state must consider overhauling its tax system and seek community residents collaborated on writing the script. additional state revenue sources to promote ecotourism The play was performed at the Hyannis community in rural areas, he said. theater and offered audiences a valuable moral of the “We have the wildlife in abundance in the Sandhills,” story: do not judge people by their youthful indiscretions. Davis said. “We just need the visitors.” g “It was actually a pretty good play—very well received in the community,” Davis said of his production. Davis met his wife when she traveled from her home- town of Lincoln to attend one of his early productions. Dottie has been actively involved in community theater ever since. “She is more of a behind-the-scenes person,” he said. “But we have gotten her to perform in several shows and she is really very good at it.” Davis has written and performed in many other musi- cals, comedies and dramas throughout his life. His writing and theatrical skills were further developed while studying theater at New York’s American Academy of Dramatic Arts. His higher education began at Creighton University in Omaha and he graduated from the University of Denver in 1978, with a degree in history and economics. Davis said his interest in politics stemmed from his politically involved parents, who met at the 1948 Demo- cratic National Convention in Philadelphia. His father was especially interested in economic development and was involved in planning roads through the Nebraska Sandhills, serving on the State Highway Commission for many years. “I think, no matter where you live, you can make a change in the community by being involved in it,” Davis said, who served on his local tourism committee, chamber of commerce and arts council and was a school board member for 30 years. He also was a founding member and officer of the Independent Cattlemen of Nebraska and currently serves on the Cattlemen’s Beef Board as one of the 103 members who oversees the Beef Checkoff.

Davis currently owns a ranch in Hyannis. He said the Sen. Davis played Mr. Jones in a community theater production of declining population, education and health care needs “The Corn is Green” in Mount Dora, Florida in 1987.

PAGE 4 • UNICAMERAL UPDATE • 103RD LEGISLATURE April 2 - 5, 2013

imals and authorize euthanasia; would model best practices utilized Agriculture • detail conditions that must be met in other states.” to restore custody to the owner; or Required information would in- Changes to Livestock Animal • order a bond or security to pay clude the number and type of jobs Welfare Act advanced for the seizing agency’s cost for created and the average wage and care of the animals. benefits of those jobs. A provision in Senators gave first-round approval If the owner or custodian were the bill requiring that the governor’s April 4 to a bill that would strengthen found not guilty, all costs associated budget proposal also include recom- seizure protocol in the case of livestock with the seizure and care of animals mendations on whether to continue, neglect or cruelty. would be refunded. modify or terminate such incentives LB423, introduced by the Agricul- An Agriculture Committee amend- was made optional by an Appropria- ture Committee, would authorize law ment, adopted 34-0, would allow a tions Committee amendment. enforcement officials to enter into an court to order direct installment pay- The amendment, adopted 39-0, also agreement with animal owners and ments to cover expenses for the care would eliminate a current requirement custodians outlining interventions of seized animals. that the state Department of Revenue to be undertaken to avoid seizure of Hoskins Sen. op- make recommendations on tax expen- neglected animals. In the event that posed the bill, saying it would place an un- ditures and incentive programs. a seizure of animals occurred, the bill fair financial burden on animal owners. Omaha Sen. , chair- would authorize animals to be kept on “There’s nothing in the bill that person of the Appropriations Com- the premises of the owner or custodian. prevents someone from spending way mittee, said including recommenda- Committee chairperson Ogallala more than the animal is worth and put- tions regarding revenue issues in the Sen. said the need for a so- ting that cost on the owner,” he said. governor’s budget recommendations lution arose from a Senators advanced the bill to select would provide a more accurate picture 2012 interim study. file on a 34-1 vote. of the state’s fiscal situation. “We found that Scottsbluff Sen. John Harms support- there was grow- ed the amendment, saying tax incentive ing concern at the Appropriations recommendations should be made by the county level of fiscal governor rather than the state Depart- liability with regard Tax incentive data ment of Revenue. Those who develop Sen. Ken Schilz to enforcing animal requirement advanced public policy – not those who administer cruelty laws,” he said. “We want to the resulting programs – should make make sure the animal owners under- Lawmakers gave first-round ap- policy recommendations, he said. stand from the beginning that they have proval April 4 to a bill intended to Harms said that while the department a responsibility to take care of those ani- increase transparency regarding tax technically is complying with the current mals as long as they own them. If they incentive programs in Nebraska. requirement to issue a report on whether don’t, someone will come in and make LB629, introduced by Lincoln Sen. to continue, modify or terminate tax in- sure those animals are taken cared of.” Danielle Conrad, would require infor- centive programs, their recommendation The bill also establishes procedures mation regarding always is to make no recommendation. for determining the need to euthanize tax incentive pro- He said this results in the Legisla- animals experiencing extreme suffer- grams to be includ- ture not having adequate information ing. Upon seizure of the animals, the ed as part of the regarding the impact and effectiveness law enforcement agency taking custody governor’s biennial of tax incentive programs. would have seven days to petition for a budget submission “Unlike direct appropriations, tax hearing before the district court, which to the Legislature. incentives are not tracked in the state would be scheduled within 10 days of Conrad said the Sen. Danielle Conrad budget and therefore are not reviewed the date of petition. bill would place tax expenditures and regularly by the Appropriations Com- If a court determined that abandon- incentive programs on par with state mittee,” he said. ment or cruel neglect had occurred, expenditures in the budget process. Omaha Sen. Scott Lautenbaugh it could: “It improves transparency and ac- offered, and later withdrew, an amend- • order immediate forfeiture of an- countability,” she said. “This statute

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 April 2 - 5, 2013 ment that would have changed the An Executive Board amendment, ad- A General Affairs Committee amend- date that a first-year governor would opted 28-0, changed the annual report ment, adopted 28-2, replaced the bill. be required to present a budget to the submission date from July 15 to Sept. 1. As amended, the bill would allow Legislature from Feb. 1 to March 1. Lexington Sen. John Wightman, the commission to issue such licenses Senators voted 39-0 to advance the chairperson of the Executive Board, said only to alcohol manufacturers and bill to select file. the amendment would require a later pre- licensed retailers. Craft breweries, sentation date so that the reports are not distilleries and farm wineries would be due the same day the department must required to notify any Nebraska whole- Executive Board present them to the joint committees. saler if they intend to ship products Omaha Sen. Heath Mello offered already sold in the state and must not Presentation of economic an amendment, adopted 29-0, which ship products that state manufacturers development incentive reports changed the department’s biennial tax or wholesalers have agreed not to carry. advanced expenditure report submission date to The amendment also would require the Legislature’s appropriations and rev- direct shipper license applicants to in- Senators advanced a bill from gen- enue committees from Dec. 1 to Nov. 1. clude the brands of alcoholic liquor they eral file April 4 that would require the Mello said an earlier submission date intend to ship and agree to file reports state Department of Revenue to pres- would provide the committees more time and pay state excise and sales and local ent economic development incentive to consider budgetary issues before the political subdivision sales tax on any reports to two legislative committees. Legislature convenes in early January. alcoholic liquor shipped into the state. Columbus Sen. Paul Schumacher in- The bill advanced with an emer- Applicants also must allow the commis- troduced LB612, gency clause on a 31-0 vote. sion agents to examine their records and which would re- notify the commission of license viola- quire the depart- tions in other states. Applicants in viola- ment to appear General Affairs tion may have their licenses suspended, once every two cancelled or revoked. years before a Liquor shipping license changes Requiring out-of-state manufac- joint hearing of advanced turers and licensed retailers to pay the Legislature’s Sen. Paul Schumacher state and local sales tax would allow appropriations and revenue commit- Senators advanced a bill from the state Department of Revenue to tees to present the reports. Supplemen- general file April 4 that would change collect taxes on and regulate alcohol tal information requested by three or provisions for obtaining alcoholic shipped into the state, Karpisek said. more committee members must be pro- liquor shipping licenses. The amendment also would require vided within 30 days after the request. Currently the Nebraska Liquor licensees to ship only their manufac- The reports include data on the Control Commission may issue any tured brands that are listed on the following programs: person a license to ship alcoholic liquor application and are registered with the • the Quality Jobs Act; directly to a Nebraska consumer. federal Alcohol and Tobacco Tax and • the Invest Nebraska Act; LB230, introduced by Wilber Trade Bureau and restrict shipments • the Nebraska Advantage Act; Sen. Russ Karpisek, of alcoholic liquor that are not permit- • the Employment and Invest- would allow only al- ted in the state and are in excess of 9 ment Growth Act; and coholic liquor man- liters per month. The packaging must • the Nebraska Advantage Rural ufacturers to obtain be labeled and the recipients must sign Development Act. a Nebraska direct for the alcoholic liquor and be at least Such reports often are convoluted and shipping license. 21 years old. A common carrier that can be misinterpreted, Schumacher said, Wine manufactur- delivers alcohol to a minor would be so they may require further explanation. ers who produce Sen. Russ Karpisek in violation and held liable. “This is an effort to try to develop less than 250,000 gallons of wine an- Karpisek said the bill is intended communication so that [the Legisla- nually would be allowed to ship their to strengthen the commission’s ability ture] has an adequate understanding products to Nebraska consumers by to regulate alcohol that is shipped into of the information that is being pre- way of exclusive importers who have the state and also would prevent minors sented,” he said. a direct sales shipping license.

PAGE 6 • UNICAMERAL UPDATE • 103RD LEGISLATURE April 2 - 5, 2013 from receiving alcohol that is ordered contributions and expenditures,” Avery Lautenbaugh said the machines rou- from an online manufacturer or retailer. said. “By creating an electronic system, tinely are not ready 35 days in advance Gretna Sen. John Murante said he the public can see where money is com- of an election because of the compli- was concerned about the regulations ing from and where it is going.” cated nature of ballots in Nebraska, that would be placed on out-of-state re- Avery introduced an amendment so the secretary of state recommended tailers and that the commission may not to the committee amendment, ad- shortening the in-person early voting be capable of enforcing such regulations. opted 27-0, that would authorize the period to allow time to program the The bill advanced from general file transfer of all funds in the Campaign machines and ensure that anyone wish- on a 27-1 vote. Finance Limitation Cash Fund to the ing to vote early in person could do so. Election Administration Cash Fund Lincoln Sen. Bill Avery supported to pay for the electronic filing system. the bill, saying it would bring Ne- Government, Senators advanced the bill to select braska into compliance with the Help file on a 27-0 vote. America Vote Act, adding that elec- Military & tion officials need additional time to Veterans Affairs Thirty-day in-person early finalize ballots and program machines. voting period advanced Few individuals choose to vote early Campaign finance changes in person, Avery said, adding that the advanced Following two days of debate, law- change would not pose too great a makers amended and advanced a bill burden on voters. Senators gave first-round approval from general file April 4 that would “It only applies to in-person early April 4 to a bill that would repeal the shorten the in-person early voting voting,” he said, “It does not change Campaign Finance Limitation Act. period in Nebraska. the terms of paper balloting at all.” LB79, as originally introduced by Under LB271, as introduced by Omaha Sen. Jeremy Nordquist ex- Lincoln Sen. Bill Omaha Sen. Scott Lautenbaugh, any pressed reservations about the bill as Avery, would repeal registered voter a solution to the discrepancy in early the act, recently de- could appear in voting availability, and said lawmakers clared unconstitu- person before the instead should study the issue before tional by the Nebras- election commis- the next general election. ka Supreme Court. sioner or county “If there is an issue, then let’s look Avery said the bill clerk to obtain at alternatives,” he said. “I certainly would promote a Sen. Bill Avery his or her ballot don’t support the bill unless we’re more open election process. not more than Sen. Scott Lautenbaugh shown that this is the only alternative A Government, Military and Vet- 25 days prior to an election. to solve this problem.” erans Affairs Committee amendment, Current law provides that ballots for Omaha Sen. op- adopted 26-0, replaced the bill. in-person early voting will be available posed the bill, saying legislators should As amended, LB79 would require at least 35 days prior to an election. not pass election laws that inhibit vot- the Nebraska Accountability and Lautenbaugh said the change was ing access. He offered a motion April 3 Disclosure Commission to develop, suggested by the Nebraska Secretary to bracket the bill until June 5, which implement and maintain an electronic of State’s office following a complaint failed on a 12-29 vote. filing system for campaign statements filed by a visually impaired voter A technical amendment also offered and other required reports as soon as who tried to use a voting machine in by Chambers failed on a 7-27 vote. practicable. It also would add limited Lancaster County within the existing Lautenbaugh offered an amend- liability company or partnership to in-person early voting period. ment when debate resumed April 4, the list of entities that must establish The machines used by the visually which he said represented a reluctant a separate, segregated political fund in impaired to vote unassisted were not compromise between stakeholders order to receive contributions. yet programmed for the election, he and opponents of the bill in order to “The best course of action is to pro- said, and the individual filed a dis- move the proposal forward. vide additional transparency and open- crimination complaint based on her The amendment, adopted 30-2, ness in our current system of [campaign] inability to cast a ballot. would reduce the in-person early vot-

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 April 2 - 5, 2013 ing period to 30 days rather than 25. on a general election ballot either by specified services to named individuals. “It’s what we can do,” Lautenbaugh majority vote of the governing body or The amendment also would ex- said. by petition of registered voters. empt contracts entered into by the After adopting the amendment, The bill advanced to select file on state Energy Office to provide financ- senators voted 31-0 to advance the bill a 33-0 vote. ing from the Dollar and Energy Saving to select file. Loan program and for employment State contract transparency contracts with any agency, board, com- Increase in at-large city council proposal amended, advanced mission or department of the state. members advanced Crawford said the amendment in- Lawmakers gave second-round volved narrow exemptions and would Senators gave first-round approval approval April 5 to a bill intended to not weaken the intent of LB429. April 2 to a bill that would allow increase transparency in the expendi- “Government transparency is certain cities to elect up to four city ture of state funds. important,” she said. “The state of council members on an at-large basis. LB429, introduced by Bellevue Nebraska has an obligation to provide LB299, sponsored by Hastings Sen. Sue Crawford, would require the this information in a usable format.” Sen. , would increase from state to provide Under the bill, agencies also would three to four the access to contract be allowed to redact certain informa- number of coun- information via tion, such as: cil members who the Internet. • a social security number; could be elected at As amended on • federal identification number; large in a first class general file, LB429 • protected public health infor- city, when at least would require the mation; four council mem- state treasurer’s Sen. Sue Crawford • information that may be with- bers are elected by Sen. Les Seiler website to include a link to the state held under public records law; or ward. The change would not apply Department of Administrative Services • any information that is confiden- to a city with a commissioner or city (DAS) website, beginning July 1, 2014, tial under state or federal law. manager form of government. which would contain a searchable data- Papillion Sen. Bill Kintner offered, State law classifies a city of the first base of all active contracts that are the and later withdrew, an amendment that class as one with a population between basis for an expenditure of state funds. would have limited the bill’s provisions 5,001 and 100,000. All agencies and departments of to contracts that exceed $1,000. Seiler said he introduced the bill the state would be required to provide After adopting the Crawford on behalf of the city of Hastings after DAS an electronic copy of contracts amendment 29-0, senators advanced the mayor and city council members that are active on or after Jan. 1, 2014. the bill to final reading by voice vote. expressed concern over the difficulty References to all subcontracts of finding candidates for ward seats would be removed and contracts en- on the city council. tered into by the state Department of Health & Human “We feel that allowing four mem- Health and Human Services (DHHS) bers to be elected at large and four by as letters of agreement for services to Services ward would encourage people to run a specifically named individual would for the council,” he said. be exempt from the bill’s provisions. Proposal to remove foster care LB299 also would clarify proce- Crawford said several agencies ex- placement barriers advances dures for how certain cities, villages, pressed concern between general and A bill intended to remove obstacles counties or school districts may place select file debate regarding contracts to foster care placement advanced the question of nominating and elect- similar to those exempted for DHHS. from general file April 5. ing members to their governing boards As a result, she offered an amend- Lincoln Sen. Colby Coash, sponsor of on a general election ballot. ment that added the University of LB265, said he hopes the bill will facili- Under the bill, the question of Nebraska or any state college and the tate placement in homes where at least nominating and electing members state Department of Veterans’ Affairs one caretaker is known to the foster child. by ward or at large could be placed to the bill’s exemption for contracts for Coash said relatives and family friends

PAGE 8 • UNICAMERAL UPDATE • 103RD LEGISLATURE April 2 - 5, 2013 of children entering that keeps the child safe,” Coash said. the land would then be sold, leased, the foster care system LB265 advanced to select file on transferred to, exchanged or encum- often are interested a 31-0 vote. bered by a federal agency. in assisting a par- Ogallala Sen. Ken Schilz supported ticular child but may the committee amendment, saying some not be able to invest Natural Resources private entities that received grants have the time and effort sold the land for a significant profit. required to gain for- Sen. Colby Coash Environmental trust grantee land “I want to make sure that NET has as mal licensure as a foster care provider. purchases would require approval much money as possible to do the impor- He said the state’s top priority tant things for the citizens of Nebraska. should be reducing the amount of dis- After eight hours of debate, sena- Ultimately [LB57] will strengthen NET ruption in vulnerable children’s lives. tors narrowly advanced from general and their process,” Schilz said. “It’s traumatic enough to pull a kid file a bill dealing with property pur- Larson introduced an amendment out of a home,” Coash said, “much less to chases through the Nebraska Environ- to the committee amendment, adopted put that child in a home full of strangers.” mental Trust (NET). 32-2, that would allow any grantee who Currently, all foster homes in Ne- The trust is supported by state lottery does not receive board approval to sell, braska must be licensed. LB265 would dollars, receiving 44.5 percent of dollars lease, transfer or exchange land to repay exempt kinship and relative homes appropriated to the state Lottery Opera- the grant and be released from all further from the licensure requirement. A tion Trust Fund. Grants are awarded to obligations. An approved sale would be kinship home is defined in the bill as applicants seeking to promote estab- released from further obligation if given one in which a primary caretaker previ- lished environmental goals, including written approval by the board. ously has lived with or had significant the protection of air, land, ground and Lincoln Sen. Danielle Conrad op- contact with the child being placed. surface water, flora and fauna, prairies posed the amendment and the bill, A Health and Human Services and forests, wildlife and wildlife habitat saying both were unnecessary. Committee amendment, adopted 28-0, and areas of aesthetic or scenic values. “Any time we start to tinker with specifies that, rather than simply having LB57, as originally introduced by NET, we are indeed tinkering with the had significant contact with the child O’Neill Sen. , would trust voters instilled in the creation of being placed, an individual must be a require that NET ap- this important institution in our state,” trusted adult with a pre-existing, sig- prove any purchase she said. “No one has been able to point nificant relationship with the child in of real property to any incident of mismanagement that order to qualify as a kinship placement. made using NET this bill is seeking to address.” The amendment also adds language funds given to a Malcolm Sen. Ken Haar intro- requiring the state Department of grant recipient ei- duced an amendment, adopted 30-0, Health and Human Services (DHHS) ther to purchase real which would allow the NET board 45 to promulgate rules and regulations for property directly or Sen. Tyson Larson days to approve or deny a grant appli- licenses, waivers, variances and approval through the use of a revolving fund. cation. If no response were provided in of foster families – including relative and Larson said April 2 that the bill that timeframe, the application would kinship homes – and specifies that ap- would ensure that good practices are be deemed approved. proval is required prior to placement in in place for future NET boards. Haar later filed a bracket motion a nonlicensed relative or kinship home. “There has been a lack of oversight to delay further discussion of the bill Under the bill, kinship and relative by the board when it comes to land pur- until April 5. He said the proposal homes would be subject to criminal chased with these funds,” he said. “At the needs significant improvement before background checks of all adult residents end of the day, this is a bill about govern- senators could advance it. and a home visit to ensure adequate ment transparency and accountability.” “Any time a bill comes up that involves housing. In addition, the bill would A Natural Resources Committee the trust, I am very suspicious,” Haar said. allow DHHS to issue a waiver for any amendment, adopted 28-2, addition- “There are a number of issues still unre- nonsafety licensing standard for a kin- ally would require that an applicant solved even with the amendments. I want ship or relative home seeking licensure. that uses NET funds to purchase land to ensure that the bill in no way harms “We are not waiving any requirement include a contract provision for the the trust or its ability to purchase land.” replacement of lost property taxes if

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 April 2 - 5, 2013

The bracket motion failed on a first refusal, Carlson said, so passage of The Nebraska Retirement Systems 8-29 vote. the bill would ensure the state maintains Committee sponsored LB263 on be- Omaha Sen. Ernie Chambers intro- authority over transmission line projects. half of the Nebraska Public Employees duced motions to indefinitely postpone A committee amendment, adopted Retirement System. The bill includes the bill and recommit it to committee, 28-0, would eliminate standardized clarifications to the state Public Em- which were unsuccessful. He said pro- definitions and would retain the right ployees Retirement Board governing ponents of the bill were not concerned of first refusal provisions of the origi- statutes and updates Internal Revenue with the land being sold, but rather to nal bill. The amendment also provides Code retirement plans for judges, state whom the land was sold. incumbent facilities 90 days to notify patrol officers, counties, school and “No one who supports this bill the Power Review Board of their inten- state employees. can answer my questions on this bill,” tion to construct, own or maintain A committee amendment, adopted Chambers said. “This bill is nonsensi- the RTO-approved transmission line. 33-0, replaced the bill. cal and unintelligible.” If no such notice is provided to the Omaha Sen. Jeremy Nordquist, On April 3, Larson filed a motion board, the right of refusal would be chairperson of the to invoke cloture, or cease debate. It surrendered and any other incumbent committee, said prevailed 34-9. Senators then voted to ad- transmission owner would be allowed the changes reflect vance the bill to select file on a 27-17 vote. to file for the right within 24 months recommendations after the first right notice is provided. from a 2012 com- Right of first refusal to incumbent Omaha Sen. said pliance audit of RTO members advanced he was concerned that the bill would state-administered limit competition among transmission retirement plans. Sen. Jeremy Nordquist Senators advanced a bill from gen- project builders and could create a The amendment also would incor- eral file April 3 that would change the state public utility monopoly. porate provisions from two other bills. selection process for state electric trans- Papillion Sen. Jim Smith disagreed, LB594, introduced by Omaha mission projects approved by a regional saying that incumbent facilities still Sen. Scott Price, would direct the transmission organization (RTO). would be required to undergo a com- Nebraska Investment Council, rather The Natural Resources Commit- petitive bidding process. LB388 would than the Board of Educational Lands tee sponsored LB388, which would ensure that more qualified local utility and Funds, to manage and invest the provide incumbent RTO members the companies would own and maintain Nebraska Veterans’ Aid Fund. right of first refusal for such projects. state transmission lines, he said. LB321, introduced by Bellevue Holdrege Sen. , “Certain design standards are Sen. Sue Crawford, would no longer chairperson of the required in the Midwest that may require police officers to spend down committee, said not be required in other areas of the their unused annual or sick leave be- the Federal Energy country,” Smith said. “If [state trans- fore receiving temporary disability pay- Regulatory Com- mission] projects were available to all ments. Currently all pension or salary mission (FERC) qualified contractors they may provide payments for a disability are subject recently issued an a lower bid, but the project may not to deduction of amounts paid under order requiring meet Nebraska’s design standards.” workers’ compensation. The payments an RTO to allow Sen. Tom Carlson The bill was advanced from general do not begin until all unused annual, qualified entities to bid on state trans- file on a 30-0 vote. sick or other leave has been utilized. mission projects instead of deferring Senators advanced the bill with an such projects to incumbent utilities. emergency clause on a 32-0 vote. However, he said, the public power Retirement industry believes the first right to ex- pand such projects should be provided Internal Revenue Code changes Revenue to incumbent utilities that are familiar to state retirement plans advance with Nebraska’s regulatory processes. Counties could terminate FERC recognizes state laws that Senators gave first-round approval assessment contracts provide incumbent utilities the right of April 4 to a bill that would make technical changes to state retirement provisions. Lawmakers gave first-round approv-

PAGE 10 • UNICAMERAL UPDATE • 103RD LEGISLATURE April 2 - 5, 2013 al April 5 to a bill that would change general file April 3 that would require would not be reinstated until after county assessment contract provisions. those convicted of driving under the the court-ordered ignition interlock Legislation passed in 2009 required influence of alcohol (DUI) to install device installation period. Offenders nine counties to reassume their prop- ignition interlock devices in their who have prior convictions or are erty tax assessment functions from the vehicle for a minimum of one year. serving probation would have their state property tax administrator and Current law requires a 45-day re- license revoked for 18 months from assume all county assessment contracts vocation of an offender’s license and the court-ordered date and must have until the expiration of the contract. installation of an ignition interlock an ignition interlock device installed LB55, introduced by Lexington Sen. device for the remaining balance of for at least one year. John Wightman, would allow county the one-year probation period. Fullerton Sen. Annette Dubas, officials to either Under LB158, introduced by Hast- chairperson of the committee, said the continue or termi- ings Sen. Les Seiler, original provisions of the bill would nate such contracts. a driver convicted of permit the state Department of Mo- Wightman said DUI would receive tor Vehicles to reinstate an offender’s the property tax ad- a mandatory 45-day license while a driver is under a court ministrator had en- driver’s license revo- order, therefore keeping the state out of tered into a 10-year cation after which compliance with the federal mandate. software contract Sen. John Wightman he or she would be The amendment includes an emer- agreement before 2009. The bill would required to install an Sen. Les Seiler gency clause and the bill would take permit counties to terminate such con- ignition interlock device for a full year. effect July 1, 2013. tracts and make their own decisions Seiler said the bill was introduced Seiler said the federal mandate about the software used for the opera- to bring Nebraska into compliance also places no driving restrictions on tion of the assessment function, he said. with a National Highway Traffic Safety interlock ignition permit holders. He The bill advanced from general file Administration mandate that requires offered an amendment, adopted 33- on a 32-0 vote. repeat DUI offenders to have such 0, that would eliminate the current devices installed for at least one con- restrictions on such permit holders secutive year. If Nebraska remains out to operate a vehicle only for purposes Transportation & of compliance, he said, the state could of employment, education, substance lose $6.2 million in federal road fund- abuse treatment, parole or probation Telecommunications ing that instead would be allocated to supervision, health care for themselves mandatory safety programs. or their dependents, court-ordered Longer ignition interlock A Transportation and Telecom- community service obligations and requirements for DUI advance munications Committee amendment, ignition interlock servicing. Senators advanced a bill from adopted 33-0, replaced the bill. Under The bill advanced from general file the amendment, an offender’s license on a 34-0 vote. g Committee Hearings

Tuesday, April 16 Monday, April 22 Government, Military & Veterans Health & Human Services Affairs Room 1510 - 9:00 a.m. Room 1507 - 9:30 a.m. Briefing by invited presenters regard- Appointment: Heine, Jim - State Fire ing IT issues relating to Medicaid, Marshal Access NE, and NFOCUS/child welfare. g

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