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Session Review 2016 Volume XXXIX, No

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Session Review 2016 Volume XXXIX, No THE ONE HUNDRED FOURTH NEBRASKA LEGISLATURE • SECOND SESSION Unicameral Update Session Review 2016 Volume XXXIX, No. 16 2016 Session Review Contents Agriculture .......................................................................................... 1 Appropriations ....................................................................................2 Banking, Commerce and Insurance ..................................................4 Business and Labor ........................................................................... 5 Education ............................................................................................7 Executive Board ................................................................................. 9 General Affairs ..................................................................................11 Government, Military and Veterans Affairs ......................................13 Health and Human Services ............................................................ 16 Judiciary ........................................................................................... 19 Natural Resources ............................................................................25 Retirement Systems .........................................................................28 Revenue ............................................................................................29 Transportation and Telecommunications ........................................31 Urban Affairs .....................................................................................34 Bill Status ..........................................................................................36 Senator Contact Info ........................................................................52 Legislative Resources ......................................................................53 About the Unicameral Update ......................................................... 53 Published May 2016 Unicameral Information Office Clerk of the Nebraska Legislature P.O. Box 94604 Lincoln, NE 68509 402-471-2788 NebraskaLegislature.gov UNICAMERAL UPDATE • INTERIM 2016 • 104TH LEGISLATURE • SECOND SESSION The committee also considered legislation that clarifies a provision regarding the distribution of assets if a grain warehouse fails. Introduced by Sen. Jerry Johnson of Wahoo, LB730 clarifies a rule under which a person who recently has sold grain to a warehouse may regain his or her status as an owner eligible for distribution of assets if the Public Service Commission takes control of the warehouse. Warehouses are required to post bonds for the benefit of those who own or store grain there in the event the warehouse fails. If that happens, only qualified owners are eligible for the distribution of assets. An exception in current law provides that the grain seller may revert to the status of owner if he or she holds a check in payment issued within five days of the date the commis- sion takes control of the warehouse. LB730 clarifies that the exception applies to the date of the sale and transfer of title regardless of whether the warehouse issued the seller a check. The bill passed on a 48-0 vote. Lawmakers also considered a legislative resolution pro- posing a constitutional amendment that would guarantee Nebraskans the right to farm and ranch. Sponsored by Sen. John Kuehn of Heartwell, LR378CA offered a constitu- Sen. Jerry Johnson, Agriculture Committee chairperson tional amendment that would have pro- embers of the Agriculture Committee consid- hibited the Legislature from passing laws ered bills on pork production and grain storage that restrict the rights of Nebraskans to Mregulations this session as well as a proposed use agricultural technology and ranching amendment to the state constitution guaranteeing the practices without a compelling state inter- right to farm and ranch. est. The resolution would have placed the Sen. John Kuehn With the passage of LB176, introduced by Ogallala Sen. amendment on the November 2016 general election ballot. Ken Schilz last session, a person who Citing opponents’ legal concerns about the amend- owns, leases or holds a legal interest in ment’s language, Kuehn filed a motion to bracket the bill a swine production operation can enter until April 20, the last day of the session. Senators accepted into a contract to produce swine for a his motion with no objections. meatpacking company. The producer, or A bill that would have created a financing program contract grower, will own the land, while intended to increase underserved Nebraskans’ access to facilities used to raise the livestock and the fresh fruits and vegetables and other healthful food failed meatpacking company will own the swine. Sen. Ken Schilz to advance from committee this session. The bill ensures a producer’s right to cancel a contract LB945, introduced by Lincoln Sen. Matt Hansen, with a packer and allows the state Department of Agricul- would have provided $150,000 to the ture to adopt contract regulations to protect producers program for fiscal year 2016-17 and from coercion and unfair business practices. Contracts again for FY2017-18. The bill called between growers and packers may not contain confidenti- for the state Department of Economic ality clauses that would prevent growers from sharing the Development to contract with commu- details of the contract with others. nity development entities, which would Schilz filed a motion to invoke cloture, or cease debate have awarded grants for eligible projects and vote on the bill, which prevailed 34-14. Thirty-three such as grocery store renovations and Sen. Matt Hansen votes were needed. the creation of farmers’ markets, food cooperatives and LB176 passed on a 34-14 vote. community gardens. g SECOND SESSION • 104TH LEGISLATURE • INTERIM 2016 • UNICAMERAL UPDATE • PAGE 1 LB957, also introduced by Hadley at the request of the governor and passed 47-0, authorizes various fund transfers. The bill transfers $27.3 million from the Cash Reserve Fund to the Nebraska Capital Construction Fund to cover the three-year cost of adding capacity to the Lincoln Community Corrections Center, and $13.7 million to the Military Installation Infrastructure Fund. The bill also includes provisions of LB923, originally in- troduced by Gering Sen. John Stinner, which authorizes an annual transfer of 25 percent of the state portion of Medicaid fraud settlement funds to the Health Care Homes for the Medically Underserved Fund for proportional distribution to the state’s federally quali- fied heath centers. Sen. John Stinner LB981, introduced by the Business and Labor Commit- tee, approves claims against the state and agency write-offs. Among the claims approved in the bill are: • $800,000 for a tort claim against the state Depart- ment of Roads involving a vehicle accident resulting from a traffic control system problem; • $243,000 for a tort claim against the state Depart- ment of Health and Human Services for failure to provide Medicaid coverage for medically necessary autism treatment; • $230,000 in negotiated attorney fees to Nebraska Appleseed for a claim settled by the state regarding Appropriations Committee chairperson Sen. Heath Mello non-timely processing of applications for the Supple- awmakers made adjustments to the state’s two-year mental Nutrition Assistance Program; and budget with three bills passed • $185,000 in negotiated attorney fees to the Ameri- L this session. can Civil Liberties Union of Nebraska for a claim LB956, introduced by Kearney Sen. filed by seven couples who challenged the Nebraska Galen Hadley at the request of the constitutional prohibition against same-sex marriage. governor, adjusts appropriations for The bill passed 46-0. state operations, aid and construction LB960, introduced by Sen. Jim Smith of Papillion, programs. creates an infrastructure bank fund com- The bill includes provisions, origi- Sen. Galen Hadley posed of three programs overseen by the nally introduced by Syracuse Sen. state Department of Roads. The first will Dan Watermeier as LB733, which accelerate capital improvement projects, appropriate $1.5 million in general including the state’s expressway system funds this fiscal year to recruit and and other high-priority roads projects. retain quality staff in workforce short- The second program will provide age areas within the state Department funds to repair and replace deficient Sen. Jim Smith of Correctional Services. county bridges and the third will finance improvements to The bill also includes $1.8 million Sen. Dan Watermeier the state’s transportation infrastructure that will support to address capacity and programming needs within the new and expanding businesses. department while the Lincoln Community Corrections The bank fund will receive a one-time transfer of $50 Center project is being completed. million from the state’s cash reserve in July 2016. More The bill passed on a 46-1 vote. than $400 million in state motor fuel tax generated be- PAGE 2 • UNICAMERAL UPDATE • INTERIM 2016 • 104TH LEGISLATURE • SECOND SESSION tween July 2016 and June 2033 also will be directed to University of Nebraska’s Board of Regents to report annu- the fund. ally to the Legislature with benchmarks The bill also authorizes the department to hire a con- that lawmakers can use to evaluate the struction manager who will advise the department on performance of the Nebraska Innova- project scheduling and to enter into contracts in which a tion Campus. single contractor designs and builds
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