UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 18 / May 4 - 7, 2021 Increased protections for meatpacking workers amended, advanced awmakers nar- “While we’re in- rowed and ad- credibly grateful for L vanced a bill a vaccine, we are by from general file May no means out of the 6 that would enact woods just yet,” Var- health and safety pro- gas said. “The situ- tections for meatpack- ation is urgent and ing workers during the demands action from ongoing coronavirus all of us. Actually, it pandemic. demanded actions LB241, as intro- from us months ago.” duced by Omaha Sen. Vargas offered an , would amendment, adopted require employers to 31-13, that became maintain 6 feet of the bill. space around and be- As amended, em- tween each worker, ployers would be re- including in common quired to maintain 6 areas like lunch, break Sen. Tony Vargas discusses LB241 with Sen. Tom Brandt May 6. Vargas said workers feet of space in com- continue to face dangers in the workplace from the ongoing pandemic. and locker rooms. mon areas only. If the During the 2020 legislative session, The rejection of that proposal, he said, Centers for Disease Control and Pre- Vargas attempted to incorporate the resulted in increased cases, hospitaliza- vention revises COVID-19 guidelines, provisions of LB241 into another mea- tions and deaths related to COVID-19 the state Department of Labor could sure but the effort was unsuccessful. in meatpacking plants. (continued page 3) Consumption tax proposal fails to advance ebraska voters could choose to replace property, could authorize political subdivisions to enact their own income, sales, inheritance and estate taxes with a consumption taxes. Nstate consumption tax under a proposed constitu- Erdman said a consumption tax would be more fair than tional amendment debated by lawmakers May 5. ’s current tax system, which he called “broken.” If passed by the Legislature, LR11CA, sponsored by He said the new system would generate the same amount Bayard Sen. , would place the question on of revenue as the current one by eliminating exemptions the November 2022 general election ballot. and taxing services, many of which currently are not taxed. The amendment would prohibit the state and its politi- If the amendment is approved by voters, Erdman said, cal subdivisions from imposing a tax on property, income, the Legislature then would determine the details of how inheritances, estates and the retail sale of services and most to impose and collect the tax. goods effective Jan. 1, 2024. For example, he said, lawmakers could create a monthly It would require the Legislature to enact a consumption allowance for legal residents in order to offset the regres- tax that applies to the purchase of services and new goods, sive effects of the consumption tax. The Legislature also except for fuel, beginning on that date. The Legislature (continued page 2)

INSIDE: Nonprofit construction grant program advanced • School finance commission clears first round May 4 - 7, 2021

Consumption tax proposal fails to advance (continued from front page) should exempt business inputs and ment administrative costs and boost replacing it with a consumption tax business-to-business sales from the economic growth by making Nebraska would be a “very risky proposition.” new tax, Erdman said. more attractive to businesses. He said the Legislature cannot Sen. Robert Clements of Elm- Sen. of Lincoln also predict how the new tax would change wood supported LR11CA, saying a supported Erdman’s proposal, saying taxpayer behavior, including their consumption tax would be simple it gives the Legislature the chance to tax-avoidance strategies, making it dif- and easy to understand. He said the discuss strategic changes to the state’s ficult to ensure that it would generate new system would promote individual “antiquated” tax code. enough revenue to fund government saving and investment, reduce govern- Gothenburg Sen. Matt Williams services such as public schools. opposed the measure. Bellevue Sen. also op- He said a consumption posed LR11CA, saying the majority of tax would be “disastrous” Nebraskans would pay more in taxes for Nebraska’s insur- under such a system. She said a con- ance industry, which sumption tax would apply to certain currently charges a 1 goods and services, such as groceries percent tax on premi- and medications, that are not taxed ums. The amendment currently. effectively would increase Blood introduced an amendment the premium tax to the that would replace Erdman’s proposal suggested consumption with a constitutional amendment tax rate of 10 percent, requiring the state to fully fund the un- Williams said, driving funded and underfunded mandates it insurance companies out has imposed on political subdivisions. of the state. She said such mandates are the root Also in opposition cause of high property taxes. was Sen. The amendment failed on a vote of Omaha. He agreed of 4-30. with proponents that LR11CA failed to advance to select Sen. Steve Erdman said replacing Nebraska’s current tax Nebraska’s current tax file on a vote of 23-19, two votes short system with a consumption tax on services and new goods would stimulate economic activity. system is flawed but said of the number required. n UNICAMERAL UPDATE

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PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 4 - 7, 2021

Increased protections for meatpacking workers amended, advanced (continued from front page) adjust provisions in LB241 to mirror year and allow those recommendations. these people to Under the bill, employers would go to work with a be required to provide all workers clear conscience with free face masks and shields and and not fear of replace them daily or more often as [COVID-19],” needed. Additionally, employees must Aguilar said. have ample opportunity to wash and Also speak- sanitize their hands. An employee also ing in support of could request gloves as needed. LB241 was Plym- Employees would be screened for outh Sen. Tom COVID-19 at the start of each shift, Brandt. He said including a temperature check — with the safety provi- the result disclosed to the employee sions proposed — and either an oral or written ques- in the bill are tionnaire including questions about for the “bad ac- possible symptoms and exposure. tors” who have If a worker suspects they have not implemented been exposed to COVID-19, they them voluntarily. Sen. said the bill is unnecessary because workers now could leave the meatpacking opera- “Ninety-five have access to vaccines and many are fully vaccinated. tion premises to receive a test on paid percent of the people out there are could be a first step toward govern- work time. Employees displaying CO- doing it right,” Brandt said. “We pass ment overreach into other segments VID-19 symptoms would be allowed laws for that 5 percent that are not of the state’s economy. to quarantine at home while awaiting doing it right, have no intention of LB241 also would require meat- test results, although asymptomatic doing it right and want to resist until packing operation employers to docu- employees could return to work. the very end.” ment and track all COVID-19-related The bill also would ensure paid Peru Sen. Julie Slama opposed the deaths and positive cases — broken sick leave for an employee who tests bill. She said the federal Occupational down by race and ethnicity — and re- positive that would not count against Safety and Health Act preempts state- port such results monthly to the state any other paid sick leave owed to level safety regulations of the kind Department of Health and Human the employee. Employees who may outlined in LB241. Services and DOL, as well as to the have come into direct contact with “From a legal perspective, Nebraska Legislature. someone who tests positive must be is prohibited from asserting jurisdic- The DOL commissioner would be informed by management of their tion under state law [over something] authorized to conduct unannounced potential exposure. that is already covered under federal workplace inspections, including The protections proposed in LB241 law,” Slama said. “In order to imple- analyzing employer records and mak- would apply until June 30, 2022. ment this statute ... we’d have to ap- ing remedial recommendations. The Grand Island Sen. Raymond Agui- ply for an OSHA waiver and get an commissioner could issue a citation if lar spoke in support of the amend- approved OSHA action plan, which an employer is found to be in violation ment. He said many meatpacking will take at least six months.” of the bill’s provisions. employees still work in fear. Sen. Ben Hansen of Blair expressed Following the adoption of the Var- “I think it’s imperative that we concern that the bill would infringe gas amendment, senators voted 27-16 hold people’s feet to the fire for [one] upon business owner freedoms and to advance LB241 to select file. n

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 May 4 - 7, 2021

“Many of these organizations are said tax dollars should be used to grow deciding whether or not to cancel or the state and attract workers rather postpone their planned expansion,” than funding entertainment projects McDonnell said. “This bill is [de- that already were underway and would Matching grant program for signed] to prevent that decision from happen regardless of LB566. nonprofit capital construction having to be made by injecting imme- “We’re picking winners and losers advanced diate support to many of these proj- by how we write the bills,” he said. “I ects, provided that they had already think donations to these charitable Lawmakers gave first-round ap- begun planning prior to COVID-19.” organizations are going to be just fine.” proval May 4 to a bill intended to He added that nonprofits employ Omaha Sen. also help jump-start certain construction approximately 90,000 people in Ne- raised concerns, saying she has a projects delayed by the COVID-19 braska and pay more than $4 billion “general philosophical objection” pandemic. in wages. to diverting taxpayer dollars to non- LB566, sponsored by Omaha Sen. The grant application period would profits to provide necessary services. Mike McDonnell, would create the begin July 1, 2021, and end July 15, She said there is no guarantee that Shovel-Ready Cap- 2021, and be administered by the state nonprofits have the same transparency ital Recovery and Department of Economic Develop- and inclusion requirements as govern- Investment Fund. ment. Grants would require a one-to- ment agencies. As introduced, the one match from private sources and “If we’re using taxpayer dollars bill would appro- be capped as follows: to provide a service or a program, priate $25 million • $1 million for projects costing that service or program needs to be in general funds less than $5 million; available to everybody,” Hunt said, and 10 percent of Sen. Mike McDonnell • $5 million for projects between adding that she would work to add any Coronavirus Relief Funds received $5 million and $25 million; a nondiscrimination requirement to by the state Department of Economic • $10 million for projects between the bill on the next round of debate. Development to the fund. $25 million and $50 million; Senators advanced LB566 to select An Appropriations Committee and file on a 26-11 vote. Twenty-five votes amendment, adopted 36-5, would • $15 million for projects greater were needed. strike the Coronavirus Relief Fund than $50 million. provision and instead would allocate Qualifying projects would be re- $75 million from the Coronavirus State quired to complete their fundraising Fiscal Recovery Fund pursuant to the by Dec. 31, 2021, and construction American Rescue Plan Act of 2021, if must commence by June 30, 2022. allowable. It would maintain the $25 McDonnell acknowledged the brief million general fund appropriation. application window, saying it reflects School finance review The amendment also would allow the intent of the bill to target projects commission clears first round the fund to receive transfers autho- that are “shovel ready.” rized by the Legislature, gifts, grants He offered an amendment, adopted A commission would conduct an or bequests from other sources. 29-9, that would add eligibility for non- in-depth review of Nebraska public McDonnell said the pandemic had profit entities related to arts, culture elementary and secondary school a significant impact on the nonprofit or the humanities or that own a sports financing under a industry when planned projects were complex. A qualifying sports complex bill advanced from forced to shut down last year. Many would be one that primarily is used for general file May 6. organizations had begun fundraising competitive sports and contains at least LB132, as in- campaigns to complete capital con- twelve separate sports venues. troduced by Sen. struction projects, he said, which were Several senators expressed con- Wendy DeBoer interrupted when donor dollars were cerns about the use of general funds of Bennington, Sen. Wendy DeBoer diverted to more immediate, pressing for nonprofit projects. would create a community needs. Sen. of Henderson 16-member school finance review

PAGE 4 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 4 - 7, 2021 commission within the state Depart- ment would change the preliminary proposed in the original bill, would be ment of Education. report’s completion date to November weighted heavily toward the education The commission would examine 2021. The final report would be sub- community. That likely would result methods of financing public schools mitted by Dec. 1, 2021. in a recommendation to increase that would provide equitable educa- The amendment also would add school funding without also limiting tional opportunities across the state five members to the commission, the amount of property taxes schools and offer alternatives to a heavy reli- including three senators. DeBoer could collect, he said. ance on property taxes. introduced an amendment to the “If you think you’re going to get DeBoer said the Legislature has committee amendment, adopted 28- property tax relief out of this or fair not been able to agree on how to solve 10, that would add a fourth. funding or accountability on the that central problem. A balanced com- Sen. of Fremont, chair- spending, guess again,” Groene said. mission that includes all stakeholders person of the Education Committee, Sen. of Elkhorn could help lawmakers break the im- supported the bill. She said lawmakers said she was concerned that education passe, she said. have tried many times to reform school groups would influence commission “Getting more information, work- finance but are divided on how to members, many of whom might lack ing towards consensus with more solve the problem. detailed knowledge of the state’s stakeholders in the room at the same “We point fingers, we degrade, we school funding formula. time, looking for new solutions — how fight with each other, and we do not Linehan said a commission that can that hurt?” DeBoer said. get anywhere because we lack trust,” includes members of the Revenue, Edu- Among other subjects, the com- she said. cation and Appropriations committees mission would examine options Walz said she did not see the harm would have the knowledge and experi- for funding public prekindergarten in assembling a diverse, objective ence necessary to create a proposal that services, college-readiness and career- group to study the issue and recom- could garner enough support to pass. readiness programs and the costs and mend solutions. “I don’t think we need to go resources necessary to meet the needs Omaha Sen. Tony Vargas also outside the chamber to address this of students in poverty and those with supported LB132, saying it would issue,” she said. “I think it’s our job.” limited English proficiency. give the Legislature up-to-date data DeBoer said she was open to in- The commission would complete a on school finance that it could use to cluding only senators on the commis- preliminary report by November 2022 make policy decisions. Whatever the sion and would work with Linehan and a final report with recommenda- commission recommends, he said, and others to amend the bill on the tions on maintaining adequate and the Legislature would decide which second round of debate. equitable public school funding by changes, if any, to implement. In expectation of upcoming chang- Dec. 1, 2022. Sen. Curt Friesen of Henderson es, Walz encouraged lawmakers to vote After completing its report, the also supported the proposal but said against the committee amendment. commission would review, make he was skeptical that it would succeed. It was not adopted on a vote of 1-35. recommendations on and report on Several attempts to reduce the state’s Senators then voted 37-5 to ad- progress toward educational goals reliance on property taxes to fund pub- vance LB132 to select file. established by the Legislature and lic schools and more fairly distribute the department. It also would review state aid to rural districts have failed implementation of the state’s school in recent years, he said. funding formula and the commis- Sen. of Thurston sion’s recommendations. opposed the bill, saying school finance Finally, beginning in 2024 and reform could be the subject of an ending in 2030, the commission interim study. Resolution on alleged federal would make biennial reports to the “We should be able to find the government overreach governor, State Board of Education answers without putting commissions discussed and the Legislature on the adequacy together,” she said. of school funding sources. North Platte Sen. The Executive Board heard testi- An Education Committee amend- said the commission’s membership, as mony May 6 on a proposed resolution

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 May 4 - 7, 2021

that would “reaffirm” state senators’ would help ensure the state’s ability to oath of office and outline legislative control its own elections and bolster positions on a list of perceived threats religious liberty. posed to the U.S. Constitution by the “This resolution is essentially a federal government. statement on where Nebraskans stand DNA collection for felony Introduced by North Platte Sen. on the insidious erosion of our consti- charges advanced after cloture Mike Groene, the tution by the Left,” Kauth said. proposal would re- Ben Stangl of Fort Calhoun also Forensic evidence would be col- quest cooperation testified in favor of the resolution, lected upon arrest for felony charges from a number of which he said would demonstrate under a bill advanced from general state and federal “unified support” for the U.S. Con- file May 7. office holders in stitution by Nebraska residents. LB496, sponsored by Omaha Sen. “defending” the Legitimate power at the federal level , would require an Sen. Mike Groene U.S. Constitution is derived only from consent of the adult charged with from what it characterizes as federal governed, he said. a felony crime of overreach into, among other matters, Dr. Michelle Walsh, a Lincoln violence or bur- religious liberty, the right to bear arms, pediatrician testifying on behalf of glary to provide individual property rights and local the Nebraska Medical Association, a DNA sample to control of elections. expressed concern that the proposal law enforcement Groene said the proposal would could encourage vaccine hesitation at the time of affirm that policy decisions should in the state. The resolution contains booking or to the Sen. Robert Hilkemann be made at the state level rather than a section stating that lawmakers court during a first appearance. the national level whenever possible. “explicitly reject the idea of vaccine The state already collects DNA Several states are considering similar passports.” from each individual convicted of a resolutions, he said, and Nebraskans Walsh said the resolution could felony crime, Hilkemann said, and want reassurance that senators are give the impression that the Legisla- uploads those samples to the national protecting their rights. ture does not support existing school forensic DNA database known as the “[This is] a document to memorial- vaccine requirements in state law. Combined DNA Index System. ize to the federal government our griev- “It would be unfortunate if the “This is a bill that, I believe, will ances of perceived and known federal Legislature decides to further politicize help Nebraska be smart on crime by encroachments on sovereign rights public health,” she said. using DNA to exonerate the innocent reserved to the 50 individual states Mar Lee of OutNebraska also and identify individuals responsible … and against assault by the federal testified in opposition, saying that a for unsolved crimes,” he said. government on the individual liberties section of the resolution seeking to A Judiciary Committee amend- of the people of Nebraska,” he said. protect “traditional religious beliefs” ment would replace the bill. Jennifer Hicks testified in support regarding the “sanctity of life and sex- Under the amendment, a DNA of the proposal, saying it’s “impera- ual mores” is especially problematic. sample collected under the provisions tive” that Nebraska senators go on “Nebraska, like the rest of the of LB496 would not be tested or placed the record in defense of the U.S. Con- United States, is a pluralistic state and into the state’s database until a judicial stitution. She said President Biden’s not a theocracy,” Lee said. “There is determination of probable cause has recent assertion that gun ownership not one religious tradition, but many been made or a hearing to determine is a public health crisis is an example — each with its own set of values. probable cause has been waived. of a threat to liberty. Whose traditional values do you pur- If the charge against an individual “LR107 is necessary as a response port to uphold?” is dismissed, the DNA sample would to the clearly stated threats that have The committee took no immediate be destroyed immediately and notice been posed to our Second Amend- action on the proposal. would be sent to the individual. ment rights,” Hicks said. Omaha Sen. Steve Lathrop, chair- Also in support was Kathleen person of the committee, said the Kauth of Omaha. She said LR107 amendment would align the provi-

PAGE 6 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 4 - 7, 2021 sions of LB496 with findings in the how are they going to handle this extra He said that under the bill, a DNA U.S Supreme Court decision Maryland workload when they can’t handle what sample would be destroyed only when v. King. The committee amendment is they have now?” she said. a charge is dismissed or a person is necessary, he said, to prevent the bill Omaha Sen. Justin Wayne offered acquitted — not if the individual ac- from violating Fourth Amendment an amendment to cepts a plea. In that circumstance, he protections against unlawful search incorporate provi- said, the original charge is amended, and seizure. sions of his LB28, not dismissed. Norfolk Sen. Michael Flood called which would allow “The problem is that 90 percent the bill the natural next step in foren- an individual to of the cases in the court system plead sic data collection. file a motion for and they plead to a different charge or “This is the new fingerprint,” Flood a new trial when a lower charge,” Wayne said. “Even if said. “It’s going to solve crimes and it’s new evidence or Sen. Justin Wayne you plead, you’re stuck with your DNA going to hold people accountable.” testimony becomes available from being housed forever.” Sen. of Lin- a witness who previously refused to Sen. John Cavanaugh of Omaha of- coln offered an amendment, adopted testify or provide evidence due to a fered an amend- 32-0, to clarify that the provisions of constitutional privilege. ment, adopted 31- LB496 would not apply to juveniles. Wayne cited the case of Earnest 0, which incorpo- Pansing Brooks said she opposed Jackson, an Omaha man currently rated provisions the bill because it is a “perversion” of incarcerated for a crime for which of his LB316. the ideal that an individual is innocent another person admitted guilt after These would clar- until proven guilty. Jackson was sentenced. ify the date from “Even if a person is arrested or “We understand that sometimes which the one- Sen. John Cavanaugh charged with a crime, they are still en- our justice system gets it wrong and we, year limitation for filing a motion for titled to due process,” she said. “Gath- as a state and [as] lawmakers, have a post-conviction relief would run and ering this DNA because a prosecutor chance to get it right,” he said. “Today, require the prisoner to file notice with has decided to charge somebody with we have a chance to get it right.” the district court. something ... our system does not work Omaha Sen. Terrell McKinney Omaha Sen. Megan Hunt offered that way.” said he worried that the provisions a series of amendments in an effort Also speaking in opposition to the outlined in LB496 would be abused to extend debate on LB496, which bill was Omaha Sen. John Cavanaugh. by law enforcement, but that he po- she said would encourage government For every story of a cold case solved tentially could support the bill if the overreach into the lives of innocent by DNA, he said, countless other in- Wayne amendment were adopted. people. Hunt said Nebraska already nocent people would be caught up in “If there is something that a judge has a process in place for innocent the system. could see that could free an individual, people who are wrongfully accused of “We are going to undermine that judge should be able to see that a crime to seek out DNA collection. people’s individual rights to privacy information,” he said. “Proponents say that things like by letting the ends justify the means,” Sen. of Lincoln LB496 will exonerate innocent peo- Cavanaugh said. expressed concern about the Wayne ple, but this is not an exoneration Bellevue Sen. Carol Blood ex- amendment. She said the provisions bill and it has nothing to do with pressed concern that crime labs could incentivize individuals to com- innocence,” she said. already inundated with hundreds of mit perjury in order to help a codefen- After approximately eight hours untested rape kits would be unable dant at trial. of discussion, Hilkemann offered a to process the number of new DNA The Wayne amendment failed on motion to invoke cloture, which ends samples created by LB496. a 24-9 vote. Twenty-five votes were debate and forces a vote on the bill and “How are we expecting these labs needed. any pending amendments. Lawmakers to manage the increased influx of Wayne then filed and later with- voted 33-8 to invoke cloture. Thirty- samples from a new source of DNA drew a motion to bracket LB496 until three votes were needed. — pre-conviction DNA that we think May 28, which effectively would end Following the successful cloture violates the Fourth Amendment — debate on the measure for this session. motion, senators voted 38-3 to adopt

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 May 4 - 7, 2021 the pending Judiciary Committee Kolterman said the transfer would bills, all sponsored by Kolterman. amendment. Lawmakers then voted allow OPS to focus on its primary Provisions of LB145 would require 30-11 to advance LB496 to select file. mission of educating students instead completion of the compliance audit of being consumed by managing a by Nov. 15, 2021, and delay the first troubled retirement plan. The amend- annual audit conducted by the state ment specifies that the school district auditor by one year to July 1, 2022. remains solely liable for the retirement Provisions of LB582 would termi- system’s funding obligations. OPS also nate the board of trustees’ authority to would cover all costs for the manage- administer the plan on July 1, 2021. ment transfer. On that date, new members of the OPS retirement system man- Kolterman said the amendment board of trustees, appointed by the agement plan clears first round explicitly would ensure that the state board of education, would begin serv- is not liable for the plan’s nearly $1 ing their terms. This board of trustees The state would take over manage- billion unfunded liability. Despite would facilitate the transfer of manage- ment duties for the Omaha school that, he said, Gov. has ment to the PERB on Sept. 1, 2023. retirement plan under a bill advanced indicated some concern that the bill Finally, provisions of LB146 would from general file May 6. might be a first step toward someday clarify membership eligibility in the Senators passed a bill in 2019 to merging the OPS plan with the state’s Omaha school plan and define ter- require an examination of the pos- system. mination of employment to ensure sible transfer of management respon- “I don’t see this as a slippery slope,” that bona fide separation of service sibilities from the Omaha School Kolterman said. “To me, it looks more has occurred. Employees Retirement System board like an uphill obstacle course with a lot The definition of termination of of trustees to the Public Employees of side speed bumps. I don’t see how employment would codify current Retirement Board, which manages on earth we would ever agree to take district guidelines regarding re-em- the rest of the state’s plans through on a billion dollars’ worth of liability.” ployment during the 180-day period the Nebraska Public Employees Retire- Omaha Sen. sup- that allow voluntary unpaid bona fide ment Systems. ported the bill and the amendment. service without limitation. Temporary Seward Sen. , Professional management by the state service would be allowed after a 30-day chairperson of would put the OPS plan in a better waiting period following termination the Retirement financial position going forward, he if it is to accomplish a specific purpose Systems Commit- said, echoing the belief that the bill or task, not to exceed one year. tee and sponsor would not lead to a merger. Substitute service would be allowed of LB147, said his “The discussion of taking over the on an intermittent basis, defined as no bill was the result unfunded liability has never come more than eight service days during a of that study. As up,” Lindstrom said. “This is only to calendar month. introduced, the Sen. Mark Kolterman deal with the integrity of the plan.” Senators voted 31-5 to advance proposal would transfer duties and But Sen. Mike Groene of North LB147 to select file. responsibilities for management of Platte expressed concern that the bill the OPS plan to the PERB effective would provide another “link” to bind Sept. 1, 2023. the OPS plan with the state plan. If A committee amendment would financial markets drop again, he said, delay the transfer until Sept. 1, 2024, the state would be more likely to step to allow time for completion of com- in if it is managing the plan already. pliance audits. The amendment also “Retirement plans never go broke,” Additional state aid for certain would require completion of a transfer he said. “The government always bails school districts fails to advance of management agreement among the them out.” school district, board of education, Lawmakers voted 32-10 to adopt School districts that rely heavily board of trustees and the PERB by the committee amendment, which in- on property taxes would receive ad- Dec. 31, 2021. cluded components of three additional ditional state aid under a bill debated

PAGE 8 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 4 - 7, 2021 by lawmakers May 4. districts in its first two years of imple- LB454 failed to advance to select Under LB454, as introduced by mentation. The amount of aid would file on a vote of 23-12. Twenty-five Sen. Curt Friesen grow in later years as more districts votes were needed. of Henderson, a qualify for the payments, he said. school district Albion Sen. supported would be eligible the bill, saying it would address an for a property tax unfair distribution of state aid. He stabilization pay- said the Omaha Public Schools district ment if its proper- receives approximately $5,500 in state ty tax requirement Sen. Curt Friesen aid per student compared to $85 per — defined as the difference between the student at a school in his district. Water safety license plate district’s needs and the amount of state Briese suggested amending Fri- advanced aid it receives — exceeds 70 percent of esen’s proposal to require districts to its needs for the school year. reduce their property tax asking by A new specialty license plate that The state Department of Educa- the same amount as their stabilization seeks to educate the public about wa- tion would determine the payment payment. He said this would ensure ter safety received first-round approval amounts beginning with the 2021-22 that the additional state aid results from lawmakers May 4. school fiscal year. Payments would in property tax relief for residents in LB166, spon- be distributed in 10 roughly equal that district. sored by Lincoln amounts beginning in September Sen. Lou Ann Linehan of Elkhorn Sen. Suzanne and ending in June of each school opposed LB454. She said school Geist, would au- fiscal year. districts have rejected past proposals thorize Josh the Friesen said approximately 60 that would have tied additional state Otter-Be Safe percent of Nebraska school districts aid to a cap on their property taxing Around Water li- receive 10 percent or less of their needs authority. cense plates, avail- Sen. Suzanne Geist in state aid, forcing them to rely on Rather than send additional state able as of Jan. 1, 2022. property taxes to fund their opera- aid to schools in an effort to reduce Blake and Kathy Collingsworth tions. Although his proposal would property taxes, Linehan said, senators of Lincoln created the Josh the Otter not reduce property taxes, he said, it instead should focus on comprehen- character and a memorial foundation would address this funding disparity. sive school funding reform. after their son, Joshua, succumbed to A Revenue Committee amend- “We do need to fix the school for- his injuries following an accidental ment, adopted 28-6, would replace mula but not by little nicks and picks,” drowning. Geist said she introduced the bill. Under the amendment, a she said. “We need to do the whole the bill on their behalf because they school district’s property tax require- thing, and the state needs to step up have turned a tragedy into a positive ment would have to exceed a smaller and do more of the job and take it off force in the community. percentage of its needs each year in the backs of the property tax payer[s].” The fee for the alphanumeric plates order for the district to qualify for a Also in opposition was Bellevue would be $5, credited to the Josh the stabilization payment, from 70 percent Sen. Carol Blood. She said she had Otter-Be Safe Around Water Cash in school fiscal year 2021-22 to 55 “grave concerns” about LB454 because Fund. Personalized plates would cost percent for school fiscal year 2024-25 it does not identify a source of state $40, with $10 credited to the state De- and after. revenue for the proposed stabilization partment of Motor Vehicles Cash Fund Unlike the original bill, the amend- payments. and $30 credited to the Josh the Otter- ment would not reduce the valuation Sen. Justin Wayne of Omaha in- Be Safe Around Water Cash Fund. of agricultural and horticultural land troduced an amendment that would The bill would require the Game for the purposes of school district end the state’s school funding system and Parks Commission to create a taxation. on July 1, 2022. He said this would program to award grants from the Friesen said the amendment would create a deadline by which the Legis- cash fund to nonprofit organizations direct approximately $95 million in lature must create a new system. The dedicated to educating children about additional state aid to 189 school amendment failed on a vote of 21-14. water safety.

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 May 4 - 7, 2021

“This grant program would hope- credited to the Support Nebraska the state for emergency grant funding fully help to lower the number of History Cash Fund. to cover up to 90 percent of extraordi- childhood drownings in Nebraska,” Following the 38-0 adoption of a nary costs associated with an extreme Geist said. technical Transportation and Tele- weather event. Grant funds would be Following the 39-0 adoption of a communications Committee amend- provided by a one-time, $10 million technical Transportation and Tele- ment, senators voted 37-0 to advance general fund transfer. communications Committee amend- LB317 to select file. Wayne said the grants would help ment, senators voted 39-0 to advance several small Nebraska communities LB166 to select file. that were hard hit by a surge in natural gas costs during a period of extreme Proposed history license plate cold weather in February. clears first round Sen. Curt Friesen of Henderson of- fered an amendment to remove those Lawmakers advanced a bill from Urban affairs omnibus bill provisions. He said cities have profited general file May 4 that would create a advances in the past from operating their own new specialty license plate celebrating natural gas service and should be Nebraska history. A bill intended to resolve a techni- responsible to cover losses. Under LB317, sponsored by Oma- cal conflict in state law was amended “If these communities want to run ha Sen. John Cavanaugh, Nebraska to become an omnibus municipal their own system, they have to take History licenses governance measure and advanced these risks that come with the terri- plates would be from general file May 5. tory,” Friesen said. “I feel like we’re available in al- LB131, introduced by Sen. Megan bailing them out.” phanumeric or Hunt of Omaha, Bayard Sen. Steve Erdman support- personalized ver- would add “or as ed the amendment, saying the high sions beginning otherwise provid- costs associated with February’s polar Jan. 1, 2023. The ed by law” to the vortex were due to mismanagement. plate would be Sen. John Cavanaugh list of reasons a “We’re talking about a private busi- designed in consultation with History municipality may ness that made a poor decision not Nebraska — formally known as the waive the require- to plan for a calamity,” Erdman said. Nebraska Historical Society — and ment to read an Sen. Megan Hunt Thurston Sen. Joni Albrecht op- reflect the importance of preserving ordinance on three different days posed Friesen’s amendment, saying the state’s shared history. before its adoption. that cities didn’t know the cost of The specialty license plate com- “It is a problem that we have to providing natural gas until after Febru- memorating Nebraska’s sesquicenten- correct because currently our statutes ary’s weather event ended. nial will expire in 2022, Cavanaugh are out of date and cities and villages “Are we willing to allow them to said, removing a small, but reliable can possibly be in violation of the law bankrupt themselves?” she said. revenue stream for History Nebraska. without knowing it,” Hunt said. Wayne also opposed the amend- “This bill will allow the foundation An Urban Af- ment. Smaller Nebraska cities “did to continue to receive that funding fairs Committee everything right,” he said, but were from a license plate ... while allowing amendment, ad- not allowed to buy extra natural gas Nebraska residents to celebrate Ne- opted 32-6, added reserves in advance and had no choice braska history with a license plate,” provisions of sev- but to purchase extremely expensive he said. eral other bills, natural gas from the marketplace. The fee for the alphanumeric plates including LB549, The Friesen amendment failed on would be $5, credited to the Support originally intro- Sen. Justin Wayne a vote of 8-29. Nebraska History Cash Fund. Person- duced by Omaha Sen. Justin Wayne. Wayne then offered an amend- alized plates would cost $40, with $10 The provisions would allow mu- ment, adopted 30-0, which would credited to the state Department of nicipalities that operate a natural gas lower the overall grant funding cap Motor Vehicles Cash Fund and $30 plant or natural gas system to apply to to $5 million.

PAGE 10 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 4 - 7, 2021

Also included in the committee amendment were provisions of: • LB99, introduced by Fremont Sen. Lynne Walz, which would ex- empt areas designated as extremely blighted from the Sen. Lynne Walz maximum percentage of a city or village that may be designated blighted under the Community Development Law; • LB161, introduced by the com- mittee, which would make several technical changes to the Building Construction Act; • LB162, also introduced by the committee, which would es- tablish uniform procedures to detach territory from a munici- pality’s corporate limits; • LB218, introduced by Wayne, which would adopt the 2018 Uniform Plumbing Code as the state’s default code; and • LB556, introduced by Lin- coln Sen. Matt Hanson, which would clar- ify that mu- nicipalities Unicameral Youth Legislature may add re- registration open quirements igh school students with an Students will learn about the inner to a rede- Hinterest in law, government, workings of the Legislature directly velopment leadership or public speaking are from senators and staff. Bills will be contract to Sen. encouraged to register for the 2021 based on legislation considered during comply with their compre- Unicameral Youth Legislature, which the current legislative session. hensive redevelopment plan, will convene June 13-16. The University of Nebraska–Lincoln’s affordable housing action plan The Unicameral Youth Legislature Extension 4-H Youth Development Of- or other goals established by the is a four-day legislative simulation con- fice coordinates housing and recreational municipality. ducted at the State Capitol Building activities for the camp as part of their Lawmakers voted 28-10 to advance and coordinated by the Clerk’s Office Big Red Summer Camps program. LB131 to select file. n of the Nebraska Legislature. Student Registration forms can be obtained senators will sponsor bills, conduct from the Legislature’s Unicameral committee hearings, debate legisla- Youth Legislature page: NebraskaLeg- tion and discover the unique process islature.gov/uyl. of the nation’s only unicameral. The registration deadline is May 28.

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 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