UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 40, Issue 18 / May 2 - 5, 2017 Budget clears round two with lower cash reserve enators amended and advanced the state’s $8.9 bil- lion budget package to the final round of debate this Sweek. The state budget is structured on a two-year basis, with the budget enacted during legislative sessions held in odd-numbered years.

General file Three bills were advanced to select file May 2. The mainline budget bill and other components of the budget package were advanced last week. LB331, introduced by Speaker Jim Scheer at the request of the governor, would create funds and make certain fund transfers. An Appropriations Committee amendment, ad- opted 35-1, replaced the bill and added $83.4 million in ad- ditional cash fund transfers to the General Fund, including: • $30 million from the Roads Operations Fund; • $20 million from the Medicaid Intergovernmental Transfer Fund; and • $9 million from the Game and Parks Capital Main- tenance Fund. Gering Sen. , chairperson of the Ap- propriations Committee, said transfers from agency cash Sens. John Stinner (left), Matt Williams and confer during debate on the budget package. (continued page 3) Tax cut, ag land valuation change falls short bill that would cut the state’s for valuing agricultural and horticultur- will provide tax relief that our families top income and corporate al land to an income-based approach, and businesses deserve.” A tax rates if projected state use economic growth rates to trigger The bill would collapse the bottom revenue growth meets certain targets income tax cuts and change income tax two individual income tax brackets — and change the way agricultural land is rates and personal exemption amounts. with rates of 2.46 percent and 3.51 per- assessed stalled on general file May 2. cent, respectively — into one bracket, Tax cuts, credits As introduced by Sen. Jim Smith which would pay a rate of 3.25 percent, of Papillion, LB461 Assuming 3.5 percent growth, Smith in 2019. The new bottom bracket proposed a techni- said, state revenue still would increase by would include those earning up to cal change to state about $175 million a year after tax cuts $17,999 if filing as an individual and tax law. A pending are triggered — enough to cover neces- up to $35,999 if married filing jointly. Revenue Commit- sary increases in state spending and to ’s top individual income tee amendment replenish the state’s cash reserves. tax rate for those earning $29,000 or would replace the “If we don’t do this, we are going to more if filing individually and those Sen. Jim Smith bill and incorpo- continue to face these budget woes,” earning $58,000 or more if filing jointly rate provisions from several other bills Smith said. “This tax bill as amended would be reduced in eight increments that would change the state’s method will position our state for growth and by roughly 0.1 percent per year. These (continued page 2)

INSIDE: Meet Sen. Blood • Online sales tax collection stalls • Teacher retirement debated May 2 - 5, 2017 Tax cut, ag land valuation change falls short (continued from front page) reductions would begin in 2020 if the 2019. Beginning in 2020, it would aggregate agricultural use value for expected rate of revenue growth from reduce the rate by 0.2 percent per year each class of land is between 55 and 65 year to year exceeds 3.5 percent. As- if the projected rate of state revenue percent of the actual value and the bill suming cuts were triggered every year, growth exceeds 4 percent for the next would cap annual growth in aggregate the rate would drop from 6.84 percent fiscal year. The cuts would continue agricultural use value at 3.5 percent. in 2020 to 5.99 percent in 2027, for a until the rate reaches 5.99 percent. Sen. of Thurston total reduction of 0.85 percent. To help pay for the cuts, the bill supported the bill, saying it provides Sen. Burke Harr of Omaha op- would eliminate income tax exemp- responsible and conditional tax relief posed the bill and filed several motions tions for some high earners, Smith for workers, small businesses and farm- to extend debate. He said the bulk of said. LB461 also would suspend two ers, even if it does not go far enough to the tax cuts would go to the wealthi- tax credit programs: the New Markets reduce property taxes on agricultural est Nebraskans and that supporters Job Growth Investment Act and the landowners. had not proven that tax cuts would Nebraska Job Creation and Mainstreet “Something is better than noth- stimulate the economy. Harr also said Revitalization Act. ing,” she said. “If we don’t take action lawmakers did not have enough time on this issue, we’ll be right back to to analyze the major changes to tax Agricultural land assessments where we began.” policy proposed by LB461 and several The bill also calls for agricultural Albion Sen. also op- pending amendments. and horticultural land to be assessed posed the bill, saying that it focuses too “When a bill comes out of commit- using an income-based approach heavily on providing income tax relief tee, it needs to be ready for prime time,” instead of the current market value instead of property tax relief. he said. “We’re not saying no to taxpay- approach beginning in 2018. “LB461 is simply another proposal ers — we’re saying no to a bad bill.” A new committee led by the state that works around the edges on property The bill would give tax credits to tax commissioner would establish tax relief,” he said. “Any changes found low-income earners and increase the capitalization rates for each class of in LB461 do virtually nothing to reduce earned income tax credit from the cur- agricultural or horticultural land, our overall reliance on property taxes.” rent 10 percent to 11 percent in 2019 including irrigated cropland, dryland After six hours of debate on general and 12 percent in 2020. cropland, grassland used for grazing, file, Smith filed a motion to invoke clo- The bill also would decrease the grassland use for haying, wasteland, ture, or cease debate and vote on the state’s top corporate income tax rate nurseries, feedlots and orchards. bill. The motion failed 27-9. Thirty- from 7.81 percent to 7.59 percent in The committee would ensure that three votes were needed. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017

Budget clears round two with lower cash reserve (continued from front page) funds were higher than usual during this budget cycle due to the projected shortfall facing the state. “Transfers are a normal and neces- sary part of the budget process,” he said, and explained that the additional $153 million projected shortfall that was forecast during the budget hearing process required changes in order to ensure an adequate “rainy day” fund. “This was an unusual situation used to get to the 3 percent limit and balance the budget,” Stinner said. Speaker Jim Scheer and Sen. Kate Bolz discuss provisions of the budget proposal. Henderson Sen. , chair- person of the Transportation and Tele- bounce back soon. Sen. Dan Hughes of Venango sup- communications Committee, offered “As we continue to use cash funds ported the amendment. The Nebraska and then withdrew an amendment that – to be swept into these fixes – we’re Brand Committee has had difficult would have reduced the Roads Opera- going to be digging ourselves a deeper times recently with personnel issues, he tions Fund transfer from $30 million to hole and more cuts are coming,” Fri- said, but they are on the right track now $15 million over the biennium. esen said. and need the cash fund for technology Friesen said the state cannot “sweep Stinner opposed the reduction, say- updates and other expenditures. the cupboard bare” by transferring ing the state is asking all agencies to “It’s not a lot of money in our money from agency cash funds to bal- weather cuts during difficult economic budget, but it’s a massive amount of ance the budget. Doing so would nega- times and the roads department money in their budget,” he said. tively impact infrastructure projects should not be exempt. But O’Neill Sen. Tyson Larson said without solving structural problems Sen. John Kuehn of Heartwell then the commission has a long history of with the budget, he said, especially if offered an amendment that would strike mismanagement and misuse of state the state’s agricultural sector does not a 2018 transfer of $100,000 from the funds. In addition, he said, the com- Nebraska Brand Inspection and Theft mission’s cash fund is projected to Prevention Fund to the General Fund. have a $2.1 million balance at the end Calling the transfer a “dangerous of fiscal year 2018-19. precedent,” Kuehn said the Nebraska “That means that their overall bal- Brand Committee’s fund is generated ance is growing every year,” Larson through user fees for the purpose of said. “Which means – even with this carrying out their brand inspection $100,000 taken out – they’re over- duties. Taking those funds to balance charging our producers right now. the budget only would make their job Really what they should be doing is more difficult, he said. lowering how much they’re charging “When we make these types of per head so they’re not building that transfers after the public hearing much of a cash balance.” – when it’s something that wasn’t The Kuehn amendment was ad- brought up for public comment – it’s opted on a 26-2 vote and the bill really hard for the stakeholders and advanced to select file 37-1. those affected by these particular de- LB332, a bill that would make Sen. Dan Hughes said the committee’s cisions to have an opportunity and a transfers to and from the state’s Cash proposal does not cut deeply enough into voice to weigh in,” Kuehn said. Reserve Fund, also advanced. state spending. (continued page 4)

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 May 2 - 5, 2017

An Appropriations Committee A committee amendment, adopted April when the state’s economic fore- amendment, adopted 35-1, became 30-0, replaced the bill and would ap- casting board projected an additional the bill and would make a series of prove over $2.6 million in tort claims $55 million revenue shortfall. It was transfers totaling $173 million from and a $395,000 miscellaneous claim. adopted 30-4. the Cash Reserve Fund to the General The miscellaneous claim would Among other provisions, the Fund during FY2018-19. cover the constitutionally and statu- amendment would: The amendment also includes a torily required publishing of legal • transfer $1.7 million to the $75 million transfer to the Nebraska notices in newspapers across the state General Fund from a fund in Capital Construction fund to pay for regarding the death penalty ballot the state treasurer’s office; the state Department of Correctional measure voted on in the 2016 general • reduce a general fund appro- Services Reception and Treatment election. priation to the state Game and Center (RTC) project. Among the tort claims to be paid Parks Commission by $492,600 Stinner said the amended bill in the amendment is a $2.1 million over the biennium; and would ensure a sufficient cash reserve claim from a 2014 accident in Stanton • reappropriate up to $1.7 million going forward while allowing the state County that left three people dead. of a cash fund balance to allow to bridge the current budget gap. The state Department of Roads was the state Department of Edu- Changes proposed in the amendment replacing and repairing stop signs and cation Division of Vocational would leave the cash reserve at ap- had omitted placing a stop sign at an Rehabilitation to capture up to proximately $379 million at the end intersection, resulting in the crash. $6.2 million in federal match- of the 2019 fiscal year, he said, adding The amendment also included ing funds. that Nebraska’s cash reserve is the approximately $937,000 in agency A second Stinner amendment, fourth largest in the country. write-offs for FY2016-17. That amount adopted 26-5, would increase TANF The bill advanced to select file 27-3. includes $792,000 in uncollectible funds for economic assistance to free Also advanced was LB171, intro- debts from the state Department of up General Funds for post-adoption duced by Business and Labor Com- Health and Human Services. services and align estimated expendi- mittee chairperson Sen. Joni Albrecht LB171 advanced to select file 35-0. tures for the State Disability Program of Thurston, which would provide for with historical expenditures. payment of claims against the state. Select file Stinner also offered an amendment If a person sues the state, he or On May 3, a Stinner amendment to strike the Title X language in LB327. she files with the state claims board. to LB327, the mainline budget bill, Federal Title X funding is used to Approved claims exceeding $50,000 sought to cover approximately $11 provide Pap smears, cancer screenings, must be reviewed by the Legislature. million of a budget gap created in family planning services and diagnosis and treatment of sexually transmitted diseases. He said the provision, which was the source of extended debate on general file, was a “poison pill” that should be removed from the budget. An attempt to change policy on Title X could be studied over the interim and introduced as a bill next session, Stinner said, which would ensure a more informed debate that would include stakeholders and experts. “I didn’t do my job as chairman,” he said. “This got by me and I didn’t see it.” Sen. Jim Scheer of Norfolk, speaker Sen. John Stinner said that temporarily lowering the state’s required cash reserve was a of the Legislature, urged adoption of responsible way to balance the budget.

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and examine Nebraska’s use of tax incentives as an economic develop- ment tool. “These incentives are coming back to us as credits and destroying our budget,” McCollister said. The Erdman amendment failed 19-10. Twenty-five votes were needed. LB327 then was advanced to final reading 28-18. Also amended and advanced May 3 was LB330, which would appropriate funds for reaffirmed and new capital construction projects. A Stinner amendment, adopted 33-0, would transfer authority for construction Sens. John Lowe, , Tom Briese and John McCollister discussed spending concerns. projects at the Central Nebraska Vet- the amendment, saying the placement made additional adjustments to the erans’ Home and Western Nebraska of the language in a budget bill was budget for the current fiscal year. Veterans’ Home from the state Depart- intentional and inappropriate. The amendment also would use ment of Health and Human Services “This is the wrong way to do busi- the Cash Reserve Fund to pay for state to the Department of Veteran’s Af- ness,” he said. employee salary increases that were ne- fairs. The amendment originally failed gotiated through collective bargaining The change reflects the consolida- on a 22-20 vote. Lincoln Sen. Kate and health insurance cost increases for tion of veterans’ services outlined Bolz filed a motion to reconsider that the current biennium. in LB340, which passed earlier this vote and the amendment was adopted Calling the economic forecasts on session. on a second vote of 25-19. which the state budget is based “a Additional bills advanced by voice Also considered was an amend- guess,” Erdman said it is unlikely that vote to final reading on May 3 were: ment offered by Omaha Sen. Joni Nebraska will see the kind of econom- • LB328, which would provide Craighead, which would have added ic climate in the next two years that for the $12,000 annual salaries public or private health care facilities would justify the 1.3 percent growth of Nebraska’s 49 state senators; that provide comprehensive primary rate reflected in the Appropriations • LB329, which would fund sala- care in addition to preventive care Committee’s proposal. services to the bill’s Title X language. “We need to use the Craighead said the amendment revenue that we’ve received would guarantee that no clinics in before and move forward,” rural Nebraska would close due to the he said. “This budget is not prioritization outlined in the budget going to work.” bill. However, Omaha Sen. Sara While agreeing that Howard said the proposal likely would expenses need to be ad- violate federal regulations. dressed, Sen. John McCol- The amendment failed on a 22-12 lister of Omaha opposed vote. Twenty-five votes were needed. the amendment, saying Bayard Sen. Steve Erdman then the state needs to use a offered an amendment that would scalpel rather than a “meat have replaced the bill with the budget cleaver” when doing so. In amounts in effect for FY2016-17 as addition, he said, lawmak- amended in LB22 – a budget-cutting ers should look at the rev- bill passed earlier this session that enue side of the equation Sens. and expressed con- cerns regarding Title X funding.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 May 2 - 5, 2017

ries and benefits for judges and ability Fund by $1.2 million constitutional officers; and in FY2018-19. Stinner said • LB149, which contains adjust- the changes would close the ments to the state’s budget for remaining $43 million budget the current fiscal year. gap created by April’s lowered Select file debate on the remaining revenue projections. The result, budget bills took place May 4. he said, would be a balanced Stinner offered an amendment to budget that preserves the state’s LB331, which would create funds and priorities. make certain fund transfers, that would “This had to be done with lower the state’s minimum cash reserve cuts; this had to be done with requirement to 2.5 percent for the cur- imagination; this had to be rent biennium. Nebraska law requires done with the rainy-day fund,” that the state maintain a reserve of he said no less than 3 percent in excess of the But Sen. Dan Hughes of Ve- state’s appropriations and obligations. nango argued that the budget Stinner said the reserve require- should cut deeper. The state’s Sen. said the university is a solid ment would go back to 3 percent for agricultural producers are “on investment. the next budget cycle. The reserve our knees,” he said, while uni- rassed by that,” Williams said. “We requirement has been altered in the versity administrators are paid “huge” need to have the best and the brightest past, he said, to adjust for difficult salaries. State agencies should start in our university system. The univer- economic times. The temporary re- transitioning to lower budgets based sity is part of the solution, it’s not the duction is a better alternative than on actual revenues, he said. problem.” transferring additional funds from “I think it’s clear that some of Sen. Brett Lindstrom of Omaha the Cash Reserve Fund to the General us are unhappy with the work that noted that additional cuts to the uni- Fund, he said. the Appropriations Committee has versity – which he said trains most of “I chose to look at 2.5 percent done,” he said. “We don’t have a rev- the teachers in the state and provides because after two years ... you have to enue problem – we have a spending affordable and accessible education bring that cash reserve back up to 3 problem.” – would be counterproductive in the percent. It’s a disciplined approach.” Lincoln Sen. Kate Bolz, vice- long term. The amendment also would re- chairperson of the Appropriations “By all accounts the university is duce a transfer to the Water Sustain- Committee, said senators wishing to doing a good job,” he said, noting make additional cuts to state that it provides a 12 to 1 return on the programs or services should state’s investment. “If that was a stock, offer specific proposals to do so. I’d be first in line to buy.” “If you’re looking for further The Stinner amendment was ad- cuts, there are cuts to be made,” opted on a 32-15 vote. she said. “[But] further cuts will Following adoption of a technical hurt us all.” amendment, LB331 was advanced Gothenburg Sen. Matt Wil- to final reading by voice vote. Also liams defended the university, advanced by voice vote were: saying its campuses across the • LB332, which would make state will be an important fac- transfers to and from the state’s tor in growing Nebraska out Cash Reserve Fund; and of its current economic slump. • LB171, which would provide Highly paid administrators for payment of claims against should be considered in con- the state. text, he said. Final reading debate on the budget Sen. Matt Williams supported university funding. “I’m certainly not embar- bills is scheduled for May 8 and 9. g

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017 Meet the Senator Blood brings municipal view to Legislature isitors to the Capitol watching Sen. cause she felt that her experience at the municipal level address a full legislative chamber would never would be useful at the state level. She understands how Vguess that public speaking used to make her un- state law affects cities and has already built relationships comfortable. with local officials as well as police and fire chiefs whose In high school, she decided to do something about advice she knows she can trust. it. Blood joined the debate team, got the lead role in a “When I have a bill that I look at and I question whether school play and eventually took a job as an actor in a sum- it’s going to be right for my district, there are people I can mer theater troupe that traveled the central U.S. giving pick up the phone and ask,” Blood said. performances in parks. Like most senators, Blood rarely has a free minute, but “I’ve always tried to put she still makes time for myself outside of my com- what is most important fort zone,” she said. “If you to her: her family and her never push yourself, you community. She spends never make mistakes, and as much time as possible then what lessons are there with her three children to be learned?” and eight grandchildren Blood grew up on a and serves as volunteer farm outside Hastings and chairperson of the Bel- moved to Bellevue in 1992 levue farmer’s market. with her husband Joe, a Blood said that a few radio personality. In 2008, months in office have after watching Bellevue strengthened her belief in City Council meetings on how important it is for her cable, Blood decided to to represent the views in step outside her comfort her district, not necessarily zone again by running for her own. a seat on the council. As “There are some bills someone who ran her own that — for me personally business and marketing — I might support, but I consultancy, Blood said, it know that the people in was frustrating to see that my district don’t want me the state’s third largest city to support it,” she said. had no strategic plan. “And I’m here to be their “Without strategic voice, not my personal planning, you’re just writ- voice.” ing checks,” she said. “It To ensure her constitu- sets the foundation to get ents’ views inform her Sen. Carol Blood takes a ride in a hot air balloon near Sisters, Oregon, in 2014. things done.” legislation, Blood answers Blood won the election and spent eight years as the all of her own emails and she and her staff have called more council’s only at-large member. She helped secure funding than 2,000 constituents since January, asking for feedback. for a new police station, update city ordinances and fix And she drafted all but two of the dozen or so bills she other problems with simple policy changes. introduced, which she turned in on the first day of session. “Policy makes me giddy,” she said. “People said, ‘You have [a legislative aide] to do that,’” Blood decided to run for a seat in the Legislature be- Blood said. “Yeah, but where’s the fun in that?” g

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 May 2 - 5, 2017

Introduced by Omaha Sen. Tony Var- stage of debate to select file so they gas, LB427 requires could amend its proposed require- school districts to ments for voluntary termination adopt a written policy agreements for teachers. providing standards As introduced by the Education Adjustments made to state and guidelines to ac- Committee, LB512 was drafted to aid to schools commodate absences make several technical changes to edu- related to pregnancy cation law. A committee amendment A bill that would adjust the state’s and child care for Sen. adopted on general file incorporated school funding formula to match bud- pregnant and parenting students by May the provisions of several other educa- get projections received final approval 1, 2018. School policies are required tion-related bills into LB512. from the Legislature May 4. to include the minimum standards These included LB457, introduced LB409, introduced by Sen. Mike contained in a model policy developed by Sen. Tom Briese of Albion, which Groene of North Platte, modifies two by the state Department of Education. would remove a components of the At a minimum, the policy must budget and levy formula the state provide for student absences due to limitation exemp- uses to distribute pregnancy and allow students to return tion for the money money to school to school and participate in extracurricu- a school district districts. It reduces lar activities after pregnancy. It also must agrees to pay teach- the base limitation provide alternative methods for keeping ers and administra- rate — the rate at pregnant or parenting students in the tors in exchange for Sen. Tom Briese which school bud- Sen. classroom by allowing them to complete voluntary termination of employment. gets are allowed to grow from year to coursework at home or by providing A Briese amendment adopted on year — for school fiscal year 2017-18 online classes or visits from tutors. select file would — for fiscal year 2018- and FY2018-19 to 1.5 percent from The model policy must identify 19 — exempt from budget and levy 2.5 percent. private, hygienic spaces where students limits the amounts levied to pay for 75 It also increases the local effort could express breast milk during the percent of the funds used for voluntary rate, which accounts for a district’s school day. Finally, if schools do not termination agreements. That would property tax capacity, from $1.00 to have an in-school child care facility, decrease to 50 percent for FY2019-20 approximately $1.02. the policy must establish a procedure and 25 percent for FY2020-21. Under LB409, net option funding for assisting student parents by identi- Senators also had adopted an is calculated by multiplying the net fying local child care providers. amendment on select file by Omaha number of option students by 95.5 Current law allows a mother to breast- Sen. Burke Harr that would allow percent of the statewide average basic feed her child in any public or private school districts already at their maxi- funding per student for those years. location where she otherwise is autho- mum levy to exempt from budget The bill also includes community rized to be. LB427 expands that provision and levy limitations up to $35,000 achievement plan aid for schools in to include mothers who attend public, of payments for a teacher’s voluntary the Omaha learning community, private, denominational or parochial day termination agreement that is not part which lost funding after its common schools. The bill requires those schools to of a collective bargaining agreement. levy was eliminated. provide private or appropriate facilities The provision would not apply to The bill passed 43-0. or accommodation for milk expression administrators. and storage for their students. Later, on final reading, Harr said his Accommodations for pregnant The bill passed 31-7. amendment inadvertently left out a cur- and parenting students rent requirement that school districts approved Levy exemption for teachers’ must demonstrate to the state board of The Legislature gave final approval voluntary terminations amended education that the payment of incen- May 2 to a bill that requires schools to tives in exchange for a voluntary termi- adopt a policy to accommodate preg- Senators voted May 5 to return an nation of employment will result in a nant and parenting students. omnibus education bill on the last net savings in salary and benefit costs

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017 to the district over a five-year period. vacated, the governor appoints a person would be required to file a statement It also left out a requirement that to serve in that seat. If the vacancy occurs of financial interest before March 1 districts report all incentives paid in more than 60 days prior to any general of the year in which the election will exchange for voluntary terminations of election, then that seat would be filled be held, or before filing for election, employment on an annual financial re- permanently by the candidate who wins if the filing deadline is after March 1. port, which was not his intent, he said. the election, which could include the Failure to do so would result in the Harr filed a motion to return the bill appointee. If the general election occurs candidate not appearing on the ballot. to select file so he could introduce an in less than 60 days from the vacancy, The bill also would change from July amendment to include those require- the appointee serves the rest of the term. 1 to June 15 the date in even-numbered ments. The motion succeeded 40-0. LB451, introduced by Gretna Sen. years that certain political subdivisions Senators then voted 42-0 to adopt , would set an earlier dead- must certify the political offices to be the new amendment and advanced the line of Feb. 1. He filled in an upcoming election. The pro- bill to final reading on a voice vote. said the bill would vision would apply to each reclamation provide more time district, county weed district, village, Dyslexia defined in education law for commissioners county under township organization, to properly adminis- public power district with an annual Lawmakers gave final approval May ter elections and for gross revenue of less than $40 million 4 to a bill that provides a legal defini- voters to make well- and educational service unit. tion for dyslexia, which causes difficulty informed choices as Sen. John Murante Finally, the bill makes several in acquiring and processing language. to their elected representatives. technical changes to the delivery and Dyslexia had been included as a spe- The provisions for filling legislative returning of early voting ballots. cific learning disability in state law but vacancies also would apply to the Uni- The bill was amended on general was not defined. LB645, introduced versity of Nebraska’s Board of Regents. file to include provisions of LB314, by Lincoln Sen. , Omaha Sen. Tony Vargas expressed also introduced by Murante, which defines dyslexia, concern during general file debate, lengthened the time before an election in part, as a learn- saying that changing the process for during which a city must file a proposed ing disability with filling legislative vacancies would economic development plan with the a neurobiologi- prevent constituents from having a election commissioner or county clerk. cal origin that is say in who represents them as soon As amended, the plan must be filed characterized by as reasonably possible. no later than 50 days prior to a special difficulty with ac- In response to those concerns, election, no later than March 1 prior curate or fluent Sen. Patty Pansing Brooks Murante introduced an amendment to a primary election and no later than word recognition and by poor spelling on select file that would create a Sept. 1 prior to a general election. and decoding abilities. graduated system of deadlines for fill- The number of days prior to an Senators voted 46-0 to pass the bill. ing such vacancies. As amended, if a election that an election notice must vacancy is created: appear in the relevant newspaper also • on or before Feb. 1, the ap- would be increased from 40 to 42. pointee would be subject to Following the 39-0 adoption of election in that year’s primary the Murante amendment, senators and general elections; advanced the bill to final reading by • between Feb. 2 and May 1, the voice vote. Election administration clarifi- appointee would be required to cations amended, advanced file a petition to appear on the Modification, elimination of general election ballot; or state boards and commissions The Legislature amended and • after May 1, the appointee advanced advanced a bill from select file May would serve the remainder of 3 that would change how legislative the legislative term before being A bill that would modify and elimi- vacancies are filled. subject to election. nate various state-established boards Currently, when a legislative seat is Candidates filing for political office and commissions was amended and

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 May 2 - 5, 2017 advanced to select file May 3. added provisions of LB655, intro- The Krist amendment was adopted Gretna Sen. John Murante said duced by Murante, to allow an em- on a 44-0 vote and the committee LB644, introduced ployee of the Legislative Council amendment was adopted 35-2. The on behalf of the to volunteer at a public school or a bill then advanced to select file 44-0. Government, Mili- nonprofit organization that focuses tary and Veterans on assisting public schools, during Affairs Commit- normal work hours without the loss tee, is the product of pay, vacation time, sick leave or of a statutorily-re- earned overtime. quired review of all Sen. John Murante Murante said private sector busi- state boards and commissions that is nesses and other state governments Prescription drug monitoring designed to determine which of them understand that community engage- changes approved should be modified or eliminated. ment benefits employees and can “LB644 is the result of a year-long provide valuable resources to schools Changes to the state’s drug moni- process that is undertaken by the and nonprofits in difficult economic toring program were approved by committee every four years,” Murante times. The amendment was narrowly lawmakers May 3. said, and would impact obsolete enti- tailored to give the Legislature the LB223, sponsored by Heartwell ties and those that have fulfilled their option of creating such a program, Sen. John Kuehn, makes technical and intended purposes. he said. procedural changes As introduced, the bill would “This is permissive language to give to laws governing the eliminate a number of boards and [the Executive Board] that authority state’s Prescription commissions, including the: Perfu- to create some sort of structure or Drug Monitoring sionist Committee; Medicaid Reform framework,” Murante said. “One of Program (PDMP) Council Aging Nebraskans Task the biggest challenges that mentoring system, established Force; Nursing Home Advisory Coun- programs face is the lack of mentors.” in 2016 to enable cil; Intergenerational Poverty Task Omaha Sen. Bob Krist opposed prescribers and phar- Sen. John Kuehn Force; Carbon Sequestration Advisory the idea and offered an amendment macies to check for suspected abuse. Committee; Out of Home Data Pilot to strike the provision, saying it would The bill requires individuals to be Project Advisory Group; and Health put pressure on the Executive Board trained before accessing the PDMP Advisory Board to the Department of to “police” the volunteer activities of and strengthens provisions requiring Motor Vehicles. employees during work hours and that information transmitted meet Murante said several entities testi- might open the state up to liability. Health Insurance and Portability and fied at the bill’s hearing or otherwise “I can’t imagine someone being Accountability Act (HIPAA) standards. provided sufficient evidence that paid to go volunteer,” Krist said, add- Members of a patient care team may their entities should not be altered or ing that the purpose of volunteering access the PDMP on behalf of a prescrib- eliminated. is to give without seeking anything in er, if he or she is a licensed or registered As a result, a committee amend- return. health care professional credentialed in ment would retain the: Judicial Re- Lincoln Sen. sup- Nebraska. Veterinarians are required to sources Commissions; Judicial Nomi- ported removing the provisions, say- report dispensed controlled substances nations Commissions; Commission ing he values civic engagement but under the bill beginning July 1, 2018. on Judicial Qualifications; Board of that the amendment was too broad. LB223 passed 47-0 and takes effect Emergency Medical Services; Critical Some education nonprofits are po- immediately. Incident Stress Management Board; litical in nature, he said, and having Potato Development Committee; Stem legislative staffers volunteer for them Palliative care bill approved Cell Research Advisory Committee; while being paid by taxpayers would and Committee of Experts to Advise be problematic. Senators passed a bill May 3 that the Department of Agriculture on the “I think we need a lot of work on seeks to improve knowledge of and Development of an Assessment Matrix. the definitions and to narrow the access to palliative care in Nebraska. The amendment also would have scope,” he said. LB323, sponsored by Seward Sen.

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017

Mark Kolterman, dispensing pharmacist or the pharma- in the state. establishes the Pal- cist’s designee is required to make an LB289, introduced by Lincoln Sen. liative Care and entry of the specific product provided Patty Pansing Quality of Life Act to the patient, including the product Brooks, would and creates an ad- name and manufacturer. increase penal- visory council that The bill also requires the state De- ties for a number will meet at least partment of Health and Human Ser- of crimes, includ- twice a year. Sen. vices to maintain a link on its website to ing pandering The bill requires the state Depart- the current list of all biological products and human traf- ment of Health and Human Services that the FDA has determined to be ficking for labor Sen. Patty Pansing Brooks to establish the Palliative Care Con- interchangeable biological products. or sexual exploitation. sumer and Professional Information LB481 passed on a 47-0 vote. Under the bill as introduced, the and Education Program. penalties for pandering or trafficking Program information will be made Developmental disability pro- of an adult would increase from a available on the department’s website vider methodology bill approved Class III to a Class II felony, punish- on or before June 30, 2018, and in- able by 1 to 50 years in prison. clude continuing education opportu- A bill that would ensure Nebraska The bill would impose even stron- nities for health care professionals and compliance with federal regulations ger penalties for sex trafficking of- educational materials and information related to certain developmental dis- fenses involving a minor. Previously a on delivery of palliative care in the ability facilities was passed May 3. Class II felony, sex trafficking or solici- home and in hospice settings, as well LB605, introduced by Ralston Sen. tation of a minor would be categorized as best practices and referral programs. Merv Riepe, allows as a Class IC felony, punishable by 5 The bill passed on a 48-0 vote. the state Department to 50 years in prison. of Health and Hu- Finally, the bill would designate Biologic substitution rules man Services Divi- solicitation of a trafficked adult as a approved sion of Medicaid and Class II felony, which could result in Long-Term Care the 1 to 50 years in prison. Pharmacists are allowed to substi- flexibility to modify Pansing Brooks introduced an tute biological products with FDA- provider rates as need- Sen. Merv Riepe amendment on select file, adopted approved interchangeable biologics ed to comply with federal regulations. 38-0, that eliminated from the bill under a bill given final approval May 3. The bill revises provisions of the separate penalties for the threat or use Biologics include viruses, therapeutic Intermediate Care Facilities for Per- of force in cases of trafficking. It also serums, toxins, antitoxins, vaccines, sons with Developmental Disabilities raised the classification of sex traffick- blood components and allergenic Reimbursement Protection Fund by ing or solicitation of a minor from a products used to treat or cure human allowing Nebraska to fully maximize Class IC felony to a Class IB felony, diseases. An FDA-approved interchange- federal matching funds available for punishable by a minimum of 20 years able biological product is one that the the state’s provider tax. in prison to life imprisonment. FDA has determined to be therapeuti- LB605 passed on a 47-0 vote. The amendment also eliminated cally equivalent to a prescribed product. the proposed Class II felony charge Under LB481, introduced by Heart- for solicitation of a trafficked adult, well Sen. John Kuehn, a pharmacist instead incorporating “solicitation” who receives a prescription for a bio- under the definition of sex trafficking. logical product and chooses to dispense Pansing Brooks said the amend- an interchangeable biological for the Stronger human trafficking ment addressed concerns raised dur- prescribed product must advise the penalties clarified, advanced ing general file debate that the bill patient or the patient’s caregiver that was too broad in scope and could drug product selection has occurred. Lawmakers amended and advanced unintentionally criminalize people Within three business days after a bill from select file May 5 that would engaged in legal activity like patron- dispensing a biological product, the address the rise in human trafficking izing a strip club.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 May 2 - 5, 2017

The bill had been amended on introduced by Omaha Sen. Sara How- ing or otherwise processing game, fish or general file to include provisions of ard, would allow furs from the list of deadly weapons cur- LB394, originally introduced by Lin- for the parent of a rently prohibited for convicted felons. coln Sen. Adam Morfeld. These would child conceived as Possession of a knife requires that a prohibit any per- a result of a sexual person hold a state-issued recreational son under a valid assault to petition license. domestic violence for termination of The bill passed on a 46-0 vote and protection order, parental rights of goes into effect immediately. or who knowingly the perpetrator. Sen. Sara Howard violates a valid ha- The bill was advanced to final read- Intent to be considered for rassment protec- ing by voice vote. knife possession charge tion order, from Sen. Adam Morfeld possessing a deadly weapon. Statute of limitations removed A bill that clarifies the intent of Morfeld introduced an amendment for child sex assault Nebraska’s deadly weapon statute was on select file, adopted 30-1, to remove passed by the Legislature May 4. these provisions from LB289, saying A bill that allows child victims of Currently, Nebraska statute con- there could be unintended consequenc- sexual assault more time to seek dam- siders possession of any knife with es to the bill that needed further study. ages was passed by the Legislature a blade longer than 3.5 inches to Provisions of three additional May 3. be a deadly weapon, regardless of bills dealing with sexual assault and LB300, intro- the owner’s intent. domestic violence were incorporated duced by Omaha LB558, sponsored into LB289 on general file. Sen. Bob Krist, elim- by Columbus Sen. The first was LB191, originally inates the statute of Paul Schumacher, introduced by Pansing Brooks, would limitations for any clarifies that the prohibit the withdrawal of a petition civil action brought intended use of for a protection order except upon against a perpetra- Sen. Bob Krist the knife should be order of the court. A victim of do- tor who sexually assaults a child. considered when Sen. Paul Schumacher mestic abuse could file a petition and Under the bill, civil action against charging a person with a crime. affidavit to renew a protection order any person or entity other than the The bill passed on a 46-0 vote. up to 30 days before the expiration individual perpetrator can be brought of the previous order to ensure there only within 12 years of the victim’s is no gap in protection. A renewed 21st birthday. order would be effective for a period The bill was passed on a 46-0 vote. of one year, commencing on the first day following expiration of the previ- Archery ban for convicted Natural resources district levy ous order. felons eliminated authority extension fails Provisions of LB178, originally introduced by Lincoln Sen. Kate A felony conviction will no longer A bill that would extend levy au- Bolz, would allow a preclude a person from owning ar- thority for certain natural resources victim of sexual as- chery equipment under a bill passed districts (NRDs) stalled on general sault to file for civil by the Legislature May 3. file May 2. protection orders LB478, intro- Introduced by against the perpe- duced by North Sen. Curt Friesen trator. The order Platte Sen. Mike of Henderson, would prohibit a Groene, excludes LB98 would extend perpetrator from Sen. Kate Bolz possession of ar- the three-cent levy contacting or communicating with chery equipment authority for NRDs the victim. and knives used for located in fully or Provisions of LB188, originally butchering, harvest- Sen. Mike Groene over-appropriated Sen. Curt Friesen

PAGE 12 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017 river basins from fiscal year 2017-18 “The idea that this 3-cent levy au- pleasure with double- and sometimes to FY2025-26. The levy may be used thority being allowed to sunset as in- triple-dipping,” Kolterman said. “I only for ground water management tended will somehow impair or impede believe it’s important to encourage and integrated management programs water management in the state is simply plan members to work until they are under the Nebraska Ground Water smoke and mirrors,” Kuehn said. truly ready to retire.” Management and Protection Act. Sen. Steve Erdman of Bayard also As introduced, the bill would cre- Friesen said NRDs in the Repub- opposed the bill and introduced an ate a “Rule of 90” with a minimum lican River and Platte River basins amendment that would end the 3-cent retirement age of 60 for all school em- have used funds raised with the levy to levy authority in fiscal year 2017-18. ployees who become plan members on conserve water under state-mandated He said that would reduce property or after July 1, 2017. Under the rule, integrated water management plans. taxes while giving NRDs another year an employee could retire at age 60 if For example, he said, the Central of taxing authority that they could use their age plus their years of creditable Platte NRD used the levy’s proceeds to to fund water management projects. service equal 90 or higher. purchase surface water rights, a canal “If you are for property tax relief, A committee amendment, adopted it uses to recharge the Platte and a you need to vote to let this sunset,” 38-0, changed the proposal to a Rule of hydrogeological study. Erdman said. 85 with a minimum retirement age of If the levy is allowed to sunset, Fri- After three hours of debate on 60. The change would apply only to em- esen said, NRDs would have to increase general file, Friesen filed a motion to ployees hired on or after July 1, 2018. their base levies or impose occupation invoke cloture, or cease debate and Employees are living longer and taxes to pay for those projects. vote on the bill. The motion failed collecting benefits for longer periods “We can take their levy authority 31-9. Thirty-three votes were needed. of time, Kolterman said, noting that away,” he said. “It will not stop their ob- The bill is unlikely to be scheduled a recent study projected that changing ligation to meet the requirements of that for debate again this session. the retirement age for new hires from integrated water management plan.” 55 to 60 would save the school retire- Sen. Dan Hughes of Venango ment plans $100 million over 30 years. supported the bill, saying that over- Among other provisions, the com- development of irrigation in the mittee amendment also would make Republican and Platte river basins the following changes to the school has led to unsustainable water use. employees plans: Extending the sunset would allow Teacher retirement debated, • eliminate exemptions that al- NRDs to reduce water use there so the omnibus retirement bill low intermittent voluntary or basins are no longer fully appropriated advanced substitute service during the or over-appropriated, he said. 180-day separation of service “That’s the goal,” Hughes said. Lawmakers advanced a bill to select after termination; “But it takes money and it takes time.” file May 5 that would make changes • define early retirement induce- Sen. Mike Groene of North Platte to the state’s school employee retire- ment and service in any capacity; opposed LB98, saying he could not ment plans. • require a three year break in ser- support an extension of a property tax Seward Sen. Mark Kolterman, chair- vice if an employee received an levy without a clear idea of how NRDs person of the Ne- early retirement incentive; and spend the money. braska Retirement • require a member to certify “This body and the people need to Systems Commit- under oath that he or she does have justification [for] why it needs to tee, said he intro- not have a verbal or written pre- be extended and what they’re going to duced LB415 in arranged agreement with a new use it for,” he said. an attempt to elimi- employer prior to termination. Also in opposition to the bill was nate or reduce the Kolterman said the provisions are Heartwell Sen. John Kuehn. He said practice of teachers Sen. Mark Kolterman an attempt to clarify ambiguities in NRDs have a 4.5-cent base levy and a “double dipping” – or returning to existing law that could place the retire- 1-cent supplemental levy they can use work after initial retirement. ment system in violation of IRS code. for groundwater management projects. “Taxpayers have voiced their dis- In order to comply with IRS provi-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 May 2 - 5, 2017 sions, an employee must experience retired school employees to substitute Also included in the committee a “bona fide separation of service,” or volunteer on an intermittent basis amendment are provisions of LB219, he said. Prohibiting intermittent and for a maximum of 45 days during the introduced by the Nebraska Retire- voluntary service during the 180 days 180-day separation of service period. ment Systems Committee, which after a school employee has retired Kolterman said that he would would change provisions related to would provide a “bright line” in state rather compromise on the length of authorized benefit elections and ac- law that would delineate such a separa- the separation period than attempt tuarial assumptions. tion, he said. to fine-tune the definition of inter- After several senators withdrew “Those work days are being mittent, which he said was the most pending amendments and motions, abused,” Kolterman said. “We have important provision in need of clari- the bill advanced to select file 39-0. people who are retired and worked too fication. He said senators would work many days and [we] had to take their on a compromise before the bill comes retirement away from them [for that up for select file debate. time period]. The compliance issue “[This bill] has to move forward be- is the most important aspect of this.” cause it’s all good legislation,” he said. Lincoln Sen. Roy Baker offered an The amended bill includes provi- Proposal to collect state taxes amendment, adopted 26-11, that would sions of six additional measures intro- on internet sales considered reduce the break in service requirement duced by Kolterman that would make from three years to two years for an changes to the various state retirement Lawmakers debated a bill May employee taking an early retirement plans, including: 4 that would require some online incentive and would allow employees to • LB31, which would make chang- retailers to collect state sales taxes on engage in voluntary service during the es in the school employees Nebraska transactions. 180-day separation of service period. retirement plan related to cred- As introduced by Sen. Dan Wa- Fremont Sen. , a for- itable service; termeier of Syra- mer public school teacher, expressed • LB32, which would change the cuse, LB44 would concern about the bill’s prohibition frequency and method of cal- require an online on retired teachers serving as substi- culation of county prior service retailer without a tutes during the separation of service annuity payments in the County physical presence period. Nebraska has a shortage of Employees Retirement Act; in the state to col- experienced teachers, she said, and the • LB110, which would eliminate lect and remit state state’s school systems rely heavily on the obligation of political subdi- sales taxes. He said Sen. Dan Watermeier retired teachers to fill the gaps. visions to file annual reports on the bill would eliminate an unfair dis- For example, she said, 341 of the defined contribution plans after advantage for the state’s local stores. 823 individuals in the Lincoln Public December 31, 2017, and delete “[LB44] addresses the issue of fair- Schools’ (LPS) substitute teacher pool the requirement for the Public ness with the brick-and-mortar com- are over age 55 and likely are retired Employees Retirement Board to panies in our state,” Watermeier said. teachers. Even with that number of design and provide the annual Watermeier introduced an amend- potential substitutes available, she reporting form; ment on select file that would give on- said, LPS still has 4.7 percent of its • LB278, which would clarify the line retailers the option to voluntarily substitute teacher positions unfilled definition of disability in the collect and remit state sales taxes if on a daily basis. county, state and school plans; their revenue exceeds $100,000 a year “It makes more sense to be able to • LB413, which would make or they make 200 or more separate contract with someone who has expe- technical and clean-up changes transactions in the state that year. rience as opposed to contracting with to the judges and state patrol If the seller opts not to collect the someone who has less experience – or retirement plans; and tax, it would be required to notify not being able to fill the classroom’s • LB532, which would make Nebraska purchasers that tax is due needs,” Walz said. changes regarding military and that the state requires them to She offered and later withdrew an service in the judges and state file a sales or use tax return on their amendment that would have allowed patrol plans. purchases. Each failure to notify would

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017 result in a $5 penalty. could not explain how the proposed by ballot question committees, in- Retailers also would be required to penalties would be collected. He filed dependent committees and political send Nebraska purchasers an annual a floor amendment to remove the no- party committees. notification detailing their purchases tification and reporting requirements, The bill passed 44-0. and to file an annual statement for which he said are intended to be so each purchaser with the state Depart- onerous that companies would have County-city sewerage ment of Revenue. Failure to meet little choice but to collect the taxes. agreements approved either of those provisions would result “It’s simply designed to heap one in penalties of $10 for each instance. problem, one duty, one requirement A bill that enables counties and Giving retailers the choice to comply on top of another until you coerce cities to cooperate to build regional would address concerns in an attorney somebody’s will to do what you want sewerage systems received final ap- general’s opinion that the bill is uncon- them to do,” Chambers said. proval from the Legislature May 3. stitutional, Watermeier said. The opin- Lincoln Sen. agreed Introduced by Sen. Sue Crawford ion states that the notice and reporting and said that a federal court most of Bellevue, LB253 requirements in the bill are not severable likely would enjoin the bill if it passes. authorizes cities and from the tax collection requirement, He said Nebraska should wait for a counties to enter which the U.S. Supreme Court found court decision on a similar South into agreements to unconstitutional in a 1992 case. Dakota law before taking action. plan, build, manage, Watermeier said his amendment “In another year or so, we will have operate and finance addresses that problem by adding a another data point that will give us a sewerage disposal severability clause, which states that if better sense of the legal landscape so systems. The bill Sen. Sue Crawford any section or part of any section in that we can make a better policy deci- also authorizes counties to use an existing the law is found unconstitutional, the sion,” Hilgers said. 3.5-cent levy authority under the County declaration shall not affect the validity or Also in opposition was Sen. John Industrial Sewer Construction Act to constitutionality of the remaining parts. Kuehn of Heartwell. He questioned secure bonds to pay for a new system. The amendment also would protect whether sales tax was the determining Senators voted 46-0 to pass the bill. sellers from claims that state sales tax factor when people choose where to was over-collected under LB44 if the shop, saying that online retailers offer measure is found to be unlawful. greater convenience and sometimes Omaha Sen. John McCollister sup- lower prices than physical stores. ported the bill, saying that it would “Pretending or deciding that we’re help the state collect $30 million to going to save main street businesses with $40 million a year in tax revenue that LB44 is ignoring reality,” Kuehn said. Motor vehicle sales license already is owed. He said the bill would The Legislature adjourned for the requirement repealed help Nebraska business owners. day before voting on the amendment. “Main street retailers are asking for Lawmakers voted May 3 to repeal this kind of fairness,” McCollister said. Tax exemption for political a requirement for motor vehicle sales- In support of the bill, Sen. Carol events repealed persons to obtain a special license. Blood of Bellevue said that, in addi- Introduced by Sen. John Lowe tion to helping Nebraska retailers com- The Legislature voted May 4 to of Kearney, LB346 pete against online sellers, it would repeal a tax exemption for food sold eliminates the re- help the state collect more tax revenue at political events. quirement for a to pay for government services. Introduced by person to obtain a “We have to find new and creative Norfolk Sen. Jim motor vehicle, mo- ways to generate income, not con- Scheer, LB63 elimi- torcycle or trailer stantly cut our budget, because that nates a sales and salesperson license is not a long-term solution,” she said. use tax exemption from the Motor Ve- Sen. John Lowe Omaha Sen. op- for food sold at po- hicle Industry Licensing Boards. posed the bill, saying that supporters litical events held Sen. Jim Scheer The bill passed 47-0.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 May 2 - 5, 2017

• develop, manage and coordi- walks. Financing provided by the city nate public activities and events at the beginning of a project then is within the district; and repaid through a special assessment • issue limited obligation bonds se- levied upon property owners located cured by a pledge of any revenue within the special assessment district. Riverfront development of the authority or by mortgage of Currently, spe- authority bill approved property owned by the authority. cial assessments of A new economic development tool The bill passed on a 43-0 vote. more than $5,000 aimed at riverfront areas was given final must be paid approval May 3. Infrastructure repayment within 10 years. LB97, spon- period extended LB159, introduced sored by Bellevue by Omaha Sen. Sen. Sue Craw- Lawmakers passed a bill May 4 John McCollister, Sen. John McCollister ford, adopts the that allows certain cities more time extends the repayment period to 20 Riverfront Devel- to repay special assessments levied for years. opment District infrastructure projects. The first installment payment is (RDD) Act. Sen. Sue Crawford Cities can create a special assess- due 50 days after the initial levy date, Under the bill, metropolitan, primary ment district to finance infrastructure with subsequent payments due after and first- and second-class cities may cre- projects including improvement of one year and annually after that. ate a riverfront development district and streets, alleys, storm sewers and side- The bill passed on a 47-0 vote. g appoint an authority of five or more mem- bers to oversee and manage the district. Two or more cities with a contiguous riv- Committee Hearings erfront could enter into a joint authority. *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar A city is required to set a cap on bonding and could limit an author- Tuesday, May 9 Agriculture ity’s power by ordinance. In addition, Room 2102 - 1:00 p.m. an occupation or special assessment Appointment: Beth Smith - State Fair Board could not be imposed on the same property by both a riverfront develop- Tuesday, May 16 Executive Board ment district and a business improve- Room 2102 - 12:00 p.m. ment district if the districts overlap. LR127 (Krist) Provide the Executive Board appoint a special committee of the An authority’s real property, in- Legislature to be known as the Nebraska Justice System Special Investigative come and operations are exempt from Committee all taxation by the state or any political Wednesday, May 17 subdivision of the state. Local sales Education and use taxes will apply to purchases Room 2102 - 12:20 p.m. made by an RDD authority. Appointments: Carter Peterson, Gary Bieganski - Board of Trustees of the Among other provisions, an author- Nebraska State Colleges Appointment: Jerald Meyer - Board of Educational Lands and Funds ity — in conjunction with a city — could: Appointments: Marilyn Hadley, Stan Carpenter, Clay Smith - Neb. Educational • fix, charge and collect rents Telecommunications Commission and fees; • invest in instruments, obliga- Tuesday, May 23 Health & Human Services tions, securities or property; Room 1510 - 1:00 p.m. • install pedestrian shopping malls Appointment: Bessmer, Joel - State Board of Health or plazas and other facilities; • construct, install and maintain Wednesday, May 24 Nebraska Retirement Systems boardwalks, barges, docks and Room 1525 - 12:00 p.m. wharves; Omaha School Employees Retirement System Actuarial Report

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017 How a Bill Becomes Law

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 May 2 - 5, 2017 LEGISLATIVE GLOSSARY “A” Bill - see Appropriation Bill. Engrossment - the process of preparing a bill for Final Read- Amendment On File - an amendment of 10 or more pages, ing by incorporating all adopted amendments. not printed separately or in the Journal, that is available in Enrollment and Review (E&R) - the process of incorporating the Clerk’s Office (Room 2018). adopted amendments into a bill and reviewing the bill for Amendment Printed Separate - an amendment of 10 or more technical and grammatical accuracy. pages, printed separately from the Journal, that is available Executive Session - a closed meeting of a committee to dis- in the Bill Room (Room 1102). cuss and act on bills and resolutions. An executive session Appropriation Bill (“A” Bill) - a bill to appropriate funds to is open only to committee members, committee staff and finance another bill bearing the same number. the media. Attorney General’s Opinion - a written analysis of a question Final Reading - the third and last stage at which a bill is of law prepared by the attorney general for the governor, considered by the entire Legislature. The clerk reads the the head of an executive department or any state senator. entire bill aloud, unless final reading is waived, and sena- Bill - see Legislative Bill. tors vote without debate on whether to submit the bill to Bracket - to delay consideration of a bill. the governor. Call of the House - a procedure used to compel attendance Fiscal Note - a statement prepared by the Legislative Fiscal of unexcused senators in the chamber. Office estimating the effect a bill would have on state and/ Carry-over Legislation - bills and resolutions introduced or local expenditures and revenue. during the regular session in an odd-numbered year and Floor - the area of the legislative chamber where the senators held over for consideration during the regular session in sit. When a committee advances a bill “to the floor,” it means an even-numbered year. the bill is being sent to the full Legislature for consideration. Chair - the presiding officer. General File - the first stage at which a bill is considered by Cloture - a parliamentary action to cease debate on a bill and the full Legislature. Bills on General File may be amended, vote immediately on its advancement. A motion for cloture returned to committee, indefinitely postponed or advanced may be made after eight hours of to Select File. debate on most bills and after 12 Hearing - a regularly scheduled hours on appropriation bills in- committee meeting to receive troduced by the Appropriations public comment on proposed bills Committee. and resolutions. Constitutional Amendment Reso- House Under Call - the term used lution - a proposal to amend when all unexcused senators are the state constitution, ratify or required to be in their seats in reject an amendment to the U.S. the chamber and unauthorized Constitution, or petition Con- personnel must leave the floor. gress about amending the U.S. Indefinitely Postpone (IPP) - to Constitution. State CA resolu- kill a bill. tions have the suffix “CA” by Interim - the period between regu- the resolution number, and they lar legislative sessions. must be approved by the voters as well as the Legislature. Interim Study Resolution - a resolution authorizing a Consent Calendar - a portion of the agenda in which relatively committee to study an issue following adjournment of a noncontroversial bills are considered and quickly advanced legislative session. to the next legislative stage. Usually, a bill on consent cal- IPP - see Indefinitely Postpone. endar can be debated for no more than 15 minutes. Journal - see Legislative Journal. “E” Clause - see Emergency Clause. Laws of Nebraska (Session Laws) - bound compilation of all E&R - see Enrollment and Review. laws and constitutional amendment resolutions passed in Emergency Clause (“E” Clause) - a provision that allows a a legislative session, the state Constitution, and subject bill or a portion of a bill to take effect immediately after and section indexes. the governor signs it or after the Legislature overrides the Legislative Bill (LB) - a proposal to create, change or delete governor’s veto. one or more laws.

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE May 2 - 5, 2017

Legislative History - the committee and floor debate records may be printed in the Legislative Journal. for any bill. A history includes transcripts of the bill’s hear- Select Committee - a permanent committee with a subject- ing and all floor debate. matter jurisdiction related to the administration of the Legislative Journal - official record of legislative floor Legislature. action, including all motions, the number of yeas Select File - the second stage at which a bill is con- and nays on each vote, etc. sidered by the entire Legislature. Bills on Select Legislative Resolution (LR) - a proposal to File may be amended, returned to committee, make a formal expression of opinion, in- indefinitely postponed or advanced to Final tent or recognition; amend the state or Reading. federal constitution; or authorize a study Session - a period of time, usually a num- of an issue during the interim. See also ber of days, during which the Legislature Constitutional Amendment Resolution, meets and transacts business. Interim Study Resolution. Session Laws - compilation of all laws Line-Item Veto - the power of the governor and constitutional amendment resolu- to make specific reductions in any part tions passed in a session. of a budget bill passed by the Legislature. Sine Die - without setting a future date Machine Vote - a vote taken by electronic for reconvening. When the Legislature voting system. The voting board shows adjourns sine die, the legislative session how each senator voted, but only vote is finished for the year. totals are entered in the Legislative Journal. Slip Law - a bill or constitutional amend- Major Proposal - a bill or constitutional amend- ment resolution printed individually in its ment resolution that the speaker designates as approved form after being enacted into law or important enough for scheduling priority. Each submitted to voters. session, up to five bills may be chosen as major proposals, Speaker of the Legislature - the officer of the Legislature, all of which must be senator priority bills and must get the elected from among the senators, who prepares the daily approval of two-thirds of the Executive Board. agenda and the session calendar and presides in the absence One-liner - a one-line description of a bill or resolution. of the lieutenant governor. Override a Veto - see Veto Override. Special Committee - a committee created by law for a specific President of the Legislature - the lieutenant governor. While reason. Except for the Executive Board, special committees senators address whomever is in the chair as Mr. or Madam have no jurisdiction over bills or resolutions. President, the lieutenant governor alone holds the official Special Session - a limited legislative session called for a spe- title. cific purpose by the governor or two-thirds (33 members) Presiding Officer - the senator currently presiding over leg- of the Legislature. islative proceedings. Standing Committee - a permanent committee with subject- Priority Bill - a bill that has priority status and generally is matter jurisdiction related to an area of public policy. considered ahead of other bills in debate. Each senator may Almost all bills and resolutions are referred to one of the select one priority bill, each committee may select two prior- 14 standing committees. ity bills, and the speaker may select up to 25 priority bills. Summary Sheet - a daily list of all legislative activity that has Record Vote - a vote on which a record is kept of how each taken place in one legislative day, including action taken senator voted. The vote is taken by electronic voting system on bills and resolutions. and the senators’ names and corresponding votes are then Veto - the power of the governor to reject bills passed by the printed in the Legislative Journal. Legislature. The governor has five days, excluding Sundays, Regular Session - the annual session that begins the first to either sign or veto a bill. The Legislature then has an Wednesday after the first Monday in January. opportunity to override the veto. Resolution - see Legislative Resolution. Veto Override - the power of the Legislature to pass a bill over Revisor Bill - a bill, prepared by the Office of the Revisor of the governor’s veto. A veto override requires the approval Statutes, proposing a technical correction or the repeal of of three-fifths (30 members) of the Legislature. an obsolete statute. Voice Vote - a vote in which senators cast their votes orally Roll Call Vote - a vote during which the senators vote one at and no totals are recorded. a time as the clerk reads their names. Senators cast their Worksheet - a list, prepared daily, that indicates the status of votes verbally, and their names and corresponding votes all bills and resolutions at the end of that legislative day.

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