601 S. 12th St. Suite 201 Lincoln, NE 68508 601 S. 12th St. Suite 201 [email protected] Lincoln, NE 68508 (402) 471-7670 [email protected] (402) 471-7670 May 24, 2017 TO: NARD Board of Directors, NRD Managers and Conservation Partners FROM: Dean E. Edson, NARD Executive Director RE: May 24, 2017 NARD Sine Die Update The Nebraska Legislature adjourned Sine Die May 23, 2017, on day 86 of a 90-day session. The next 60-day session is scheduled to begin January 3, 2018. Regular sessions generally last 90 legislative days in odd- numbered years and 60 legislative days in even-numbered years. This document contains a summary of the outcome of all 2017 Legislative Bills of interest to natural resources districts. The first section lists bills that were passed by the Legislature and approved by Governor Ricketts (Pages 4 -12). The second section lists bills that have been indefinitely postponed or withdrawn (Pages 12-14). The third section lists bills that will be carried over for the next session (Pages 15-29). The fourth section includes Interim Study Resolutions that were introduced in 2017 (Pages 29-38). A spreadsheet is included in the back of the document for a quick reference to all bills of interest to natural resources districts. Most bills passed and approved by the governor become law three calendar months after the Legislature adjourns unless they have an emergency clause or a specified operative date. The emergency clause is a provision that allows a bill or a portion of a bill to take effect immediately after the governor signs it or after the Legislature overrides a governor's veto. 1 Bill or Description Sponsor(s) Page # CA LR Interim Study Resolutions 29-38 Provide, change, and eliminate provisions relating to Speaker Scheer, LB 22e 4 appropriations and reduce appropriations Behalf of Governor Provide, change, and eliminate provisions relating to Speaker Scheer, LB 23 15 appropriations and reduce appropriations Behalf of Governor Speaker Scheer, LB 24 Change provisions relating to the Cash Reserve Fund 15 Behalf of Governor Change requirements for state agency contracts and LB 27 powers and duties of the Auditor of Public Accounts as Murante 15 prescribed Provide for review by state agencies of occupational LB 36 credentials and provide for a critical assessment Harr 15 document Change appropriations relating to the Nebraska Tree LB 71 Pansing Brooks 16 Recovery Program Provide a requirement for persons seeking appointive or elective office as prescribed and to provide a duty for LB 85 Blood 6 the Nebraska Accountability and Disclosure Commission Change published notice of hearing requirements under LB 89 Hughes 12 the Nebraska Budget Act as prescribed Require public entity to provide accommodations where LB 90 Auditor of Public Accounts employee conducts audit or Hughes 16 examination LB 97 Adopt the Riverfront Development District Act Crawford 6 Extend certain levy authority for natural resources LB 98 Friesen 16 districts Change duration requirements for certain state agency LB 101 Stinner 17 contracts Change duties and requirements relating to certain retirement plan reporting and change duties of the LB 110 Kolterman 12 Auditor of Public Accounts and the Public Employees Retirement Board LB 127 Change notice requirements under Open Meetings Act Groene 17 LB 150 Provide for a transfer from the Cash Reserve Fund Stinner 18 Change and provide for duties of the Auditor of Public LB 151e Stinner 7 Accounts and certain audited entities Exempt completion certification for dam or reservoir LB 154 Geist 8 from filing fee LB 176 Eliminate obsolete provisions related to milldams Bostelman 8 2 Change powers and duties of the Department of LB 182 Environmental Quality under the Drinking Water State Hughes 9 Revolving Fund Act Provide for installation of ground water pumps by LB 218 Groene 18 public entities LB 221 Change the transfer from a fund Stinner 22 Provide a property tax exemption for property leased to LB 232 Kolterman 22 the state or a governmental subdivision Change provisions of the Nebraska Budget Act relating LB 238 Erdman 22 to certifying taxable values Adopt the Occupational Board Reform Act and change LB 299 Ebke 23 procedures for rules and regulations Appropriate funds for the expenses of Nebraska State Speaker Scheer, LB 327 10 Government for the biennium ending June 30, 2019 Behalf of Governor Create funds, provide for transfers, and change Speaker Scheer, LB 331 11 provisions governing funds Behalf of Governor Speaker Scheer, LB 332 Change Cash Reserve Fund provisions 11 Behalf of Governor Change provisions relating to access to public records LB 365 Blood 24 and provide for fees Change provisions relating to flood protection and LB 390 Albrecht 24 water quality enhancement bonds Change provisions relating to cash reserves under the LB 431 Erdman 25 Nebraska Budget Act Eliminate provisions of the Nebraska Budget Act LB 432 relating to allowances for delinquent taxes and Erdman 12 anticipated litigation Change public hearing provisions and redefine a term LB 479 Groene 25 under the Nebraska Budget Act LB 488 Adopt the Water Conservation Grant Act Groene 12 Provide a restriction on installment contracts for the LB 510 purchase of real or personal property by political Ebke 26 subdivisions Require liability insurance for and restrict locations of LB 533 underground enhanced recovery injection wells and Vargas 14 wastewater disposal wells Clarify disbursement provisions for natural resources LB 536 Hughes 27 districts LB 576 Limit increases in property tax bills Brewer 27 Provide for an extreme weather preparedness task force LB 646 Pansing Brooks 27 and strategic action plan Require a copy of a lobbying contract for lobbyist LB 663 Kuehn 29 registration as prescribed Prohibit a political subdivision from using taxes or fees LB 664 Kuehn 29 to employ a lobbyist 3 Section One – Bills Passed by the Legislature and Approved by Governor Rickets or veto overridden LB 22e - To provide, change, and eliminate provisions relating to appropriations and to reduce appropriations. Speaker Scheer, at the request of the Governor. On February 13th, after two hours of debate on Final Reading, Senator Stinner called for a cloture motion to cease debate and advance LB 22e to the Governor for further action. The motion prevailed on 43-1 vote and LB 22e passed 42-3. Governor Ricketts signed the bill into law on February 15, 2017. Since the bill included the “e” clause, it takes effect immediately. The bill was Governor Ricketts proposed reductions in spending for FY 2016-17. During the Final Reading discussion, Senator Bob Krist offered a motion to return LB 22 to Select File for consideration of an amendment that would have exempted the Legislature’s budget from the bill’s provisions. He said lawmaker’s need to protect unappropriated funds to address ongoing upgrades to phone systems, public hearing rooms and logistics related to an overhaul of the Capitol’s heating, ventilation and air-conditioning system. Krist’s motion failed on a vote of 11-30. Senator Ernie Chambers then filed a motion to bracket the bill until February 27, which failed on a vote of 2-42. He said senators should take more time to find a way to fund the Legislature at a level adequate to fulfill its lawmaking and oversight responsibilities. After two hours of debate, Stinner offered a motion to invoke cloture and cease debate on the bill. On General File the Committee Amendment, AM 13, was adopted on a 46-0-1-1 vote which replaced the original proposal with the committee recommendations for budget adjustments. Although several amendments and motions to return to committee were offered, none were adopted. On February 8th, the Legislature advanced LB 22 to Final Reading on a 45-1-3 vote. Governor Ricketts also introduced two other bills (LB’s 23 and 24) to make specific transfers to the general fund and from the cash reserve. The three bills address the budget shortfall of more than $267 million for FY 2016- 17. The Governor’s proposed FY 2016-17 budget adjustment bills were to make $276 million in adjustments to cover the deficit. Specifically, these included additional transfers to the General Fund; $21.5 million from a variety of cash funds and $92 million from the Cash Reserve Fund. However, the Appropriations Committee decided to focus on the appropriation reduction side. The committee decided that transfers from cash funds and the Cash Reserve Fund can be deferred (LB’s 23 & 24) and considered as part of the budget process for the upcoming FY18 and FY19 biennial budget. The Appropriations Committee agreed with 91% of the Governors recommendation for FY2016-17 General Fund budget adjustments. The summary of the committee proposal can be found at: http://www.nebraskalegislature.gov/pdf/reports/fiscal/2017App_earlydef.pdf. For programs related to agriculture and natural resources, the following changes are made by LB 22: ATTORNEY GENERAL – No changes from Governor Ricketts proposed reductions. General Operations - Proposes to reduce the FY 2015-16 re-appropriation amount for Interstate Water Litigation of $343,237 to $94,187 (-$249,050). Across the Board Reductions – Proposes to reduce the FY 2016-17 appropriation by $36,860 for Interstate Water Litigation. 4 DEPARTMENT OF AGRICULTURE – No changes from Governor Ricketts proposed reductions. Riparian Vegetation Aid – Proposes to reduce the FY 2016-17 appropriation from $975,000 to $675,000, which the Department of Ag has already awarded $665,799. The program also had $25,000 appropriated for administrative cost, which is proposed to be reduced to $15,000 The grant program is to assist in cleanup of vegetation in Nebraska’s rivers and streams. General Operations – Proposes to eliminate the FY 2015-16 re-appropriation amount of $188,781.