UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 42, Issue 7 / Feb. 19 - 22, 2019 Automatic cuts to top state income tax rates proposed uts to Nebraska’s top indi- vidual and corporate income Ctax rates would be tied to projected economic growth under a bill heard Feb. 20 by the Revenue Committee. LB615, introduced by Lincoln Sen. Mike Hilgers, would require the state tax commissioner to cut the top individual income and corporate tax rates—currently 6.84 percent and 7.81 percent, respectively—if projected state revenue growth is at least 3.5 percent and the state’s cash reserve fund holds at least $500 million. The cuts would occur in four annual steps until the rates reach 5.99 percent. Each time the conditions for a rate cut are met, the state treasurer would Sen. Mike Hilgers said cuts to the state’s top individual and corporate income tax rates would transfer $75 million from the cash grow Nebraska’s economy and could be included in a larger tax reform proposal. reserve to the property tax credit cash fund. Hilgers said the bill would provide additional property tax Assuming the bill’s requirements for a rate cut are met credits to agricultural producers and homeowners while also each year, the state Department of Revenue estimates that making the state’s top tax rates more attractive to individu- LB615 would reduce state income tax revenue by $15.7 als and businesses. He said elements of LB615 should be million in fiscal year 2019-20, an additional $71.6 million considered along with other proposals to reform the state’s in FY2020-21 and a further $158.3 million in FY2021-22. tax code this session. (continued page 2) Update to American civics requirements debated fter several hours of first- law requires school to hold at least two public meetings round debate spanning three boards to appoint annually and ensure that the district’s A days, lawmakers ended the three members social studies curriculum is accessible week without voting on a bill that to a committee to the public. would update social studies require- on Americanism, It also would ensure that the dis- ments for Nebraska schools. which approves trict’s curriculum aligns with state Peru Sen. Julie Slama, sponsor of textbooks used social studies standards and “teaches LB399, said the bill would be the first in the teaching of Sen. Julie Slama and assesses foundational knowledge major revision to the state’s civic edu- American history and government. in civics, history, economics, financial cation standards since the American- The newly named committee on literacy and geography.” ism statutes’ adoption in 1949. The American civics would be required Slama said some Nebraska stu-

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INSIDE: Meet Sen. DeBoer • Sexual assault survivor protections sought • Committee hearing schedule February 19 - 22, 2019

Automatic cuts to top state income tax rates proposed (continued from front page) Joseph Young testified in support committee [against] using triggers “This [bill], in our view, makes an of the bill on behalf of the Nebraska based on expected growth and would already unfair and regressive state tax Chamber of Commerce and Industry, rather see triggers based on actual system worse,” Hansen said. the National Federation of Independent receipts to ensure a safeguard against The committee took no immediate Businesses in Nebraska, the Nebraska an overly optimistic forecast,” Fox said. action on the bill. g Bankers Association and the Lincoln Testifying in opposition to the bill Chamber of Commerce. He said Ne- was Renee Fry, executive director of Search for Bills braska’s high corporate and individual OpenSky Policy Institute. Fry said income tax rates make it uncompetitive LB615 would deplete the state’s cash Learn more about bills considered with other states when trying to retain reserve and cut state tax revenue at a by the Unicameral by logging on and attract people and businesses. time when economists are predicting to www.NebraskaLegislature.gov. “We are in a fierce battle, obviously, a recession. Similar automatic tax cuts for people and jobs in the state of led to a budget crisis in Oklahoma after The Legislature’s website offers Nebraska,” Young said. “The more we falling oil prices caused an unexpected a bill search on the upper-right can do to make Nebraska competitive, reduction in tax revenue, she said. portion of the home page. Entering a bill number will retrieve the bill’s the better off we will be in years to Most of the bill’s benefits would text, fiscal note, statement of come, even if it’s at a slower rate than accrue to the wealthiest Nebraskans, intent, votes, transcripts and more. all of us would like.” Fry added. Once fully implemented, Nicole Fox, director of government she said, the bill would give an average You also can search current laws relations at the Platte Institute, also tax cut of $7,800 per year to the top using the keyword search found testified in support, saying the bill is 1 percent of income earners, $94 per below the bill search. a fiscally responsible solution to the year to those with middle incomes and state’s “detrimentally high” tax rates. $11 per year for the lowest earners. She said the rate cut triggers in LB615 John Hansen, president of the Ne- do not guarantee tax cuts but only en- braska Farmers Union, also testified able rate reductions when projections in opposition. By cutting state income show that economic growth would tax revenue, he said, LB615 would offset a reduction in tax revenue. increase Nebraska’s overreliance on “We would, however, caution the property taxes to fund K-12 education. 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, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate.

Clerk of the Legislature: Patrick J. O’Donnell Editor: Kate Heltzel; Writers: Kyle Harpster, Ami Johnson, Mike Malloy; Photographer: Bess Ghormley

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THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977

PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019

Update to American civics requirements debated (continued from front page) dents graduate from high school not Lincoln Sen. Patty Pansing Brooks form of government.” She said vetting knowing basic facts about the nation’s thanked Slama for addressing Educa- of teachers is best handled through the history or government, such as the tion Committee members’ concerns existing contracting process. three branches of government or the about requiring schools to administer Another Bolz amendment would difference between a state senator and the naturalization exam. The commit- have removed a provision in current a U.S. senator. tee amendment would improve the law stating that neglect of the Ameri- “I’m not saying with this bill that all social studies statutes by removing the canism statutes is a dereliction of duty school districts in Nebraska are doing existing criminal penalty and includ- and cause for dismissal of any school a bad job of civics education—far from ing curriculum options that encourage employee or appointed official. It it,” she said. “Most schools are doing civic engagement, she said. failed on a vote of 19-27. an excellent job, but there are some “Is it perfect? No … but the beauty Omaha Sen. Ernie Chambers filed where other subjects have forced civics of what we do is to strive to make a series of amendments and motions education into the background.” something better,” Pansing Brooks in order to delay a vote on the bill. LB399 also would add to the list said. Chambers said the Americanism of days on which schools are required Bennington Sen. Wendy DeBoer statutes should be repealed because to conduct patriotic exercises, such as said she would support the bill on they require teaching a version of Dr. Martin Luther King, Jr.’s birthday general file but would work with American history that does not em- and Native American Heritage Day. Slama to change some of its language brace all Americans, especially black The bill would eliminate the cur- before the second round of debate. Americans. rent criminal penalty for violating the It is “vitally important” that students Sen. Megan Hunt of Omaha also Americanism statutes’ provisions. learn about American history and opposed the committee amendment As introduced, LB399 would re- government, DeBoer said, but those and the bill. She expressed skepticism quire school districts to administer the lessons should be nuanced and clear about requiring the teaching of patri- 100-question civics portion of the U.S. about the nation’s flaws. otic sentiments because patriotism Citizenship and Immigration Services “We owe our students some educa- can mean different things to different naturalization exam to students no tion on the messy world of our civic people. later than eighth grade and again no life together, imperfect as it is, so they The Legislature adjourned for the later than 11th grade. A student’s score can perhaps do better than us,” she week before voting on the commit- would be given to his or her parents said. tee amendment or LB399. The bill or guardians. Columbus Sen. Mike Moser also is scheduled for further debate Feb. A pending Education Commit- supported the bill, saying it is more 26. g tee amendment would remove the important than ever that students requirement that districts administer understand American history. the exam and instead would make it “If we have no historical reference one of three options a district would and we don’t know how we got where have to include in its curriculum. we are, then we can’t have a legitimate A district also could require a stu- chance … to move forward,” he said. dent to attend or participate in a meet- Sen. Kate Bolz of Lincoln proposed ing of a public body and then complete an amendment Feb. 20, adopted 31-0, a project or paper demonstrating to strike a current requirement that what he or she learned or complete a the Americanism committee is to “as- project, paper or class presentation on sure themselves as to the character of a person, event or related topic from all teachers employed and their knowl- American history. edge and acceptance of the American

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 19 - 22, 2019 Meet the Senator New senator is always learning here are moments when Sen. Wendy DeBoer catches herself mid-sentence. She’s earned four ad- Tvanced degrees, and is pursuing a fifth, and knows she can give more details in response to a question than the asker might have expected. “This is nerdy, but that’s who I am,” she said. DeBoer, who lives in Bennington, has never stopped learning. That relentless pursuit of knowledge, plus a career change, has led to the following academic resume: • B.A. in English and economics, Hastings College; • J.D., University of Nebraska College of Law; • M.A. in English literature, University of Nebraska Omaha; • M.A. in theology, Lutheran School of Theology; • M.Phil in religious studies, Syracuse University. She hopes to finish her PhD in philosophy of religion, but, “I can’t work on it right now,” she said, gesturing at a desk covered in legislative bills. DeBoer, who attends Holy Cross Lutheran Church in Omaha, considered going to seminary to become a pastor, but instead chose law. Seminary, though, kept calling. She considered leaving the legal profession, but was in the midst of an environmental case and didn’t feel right about stepping away. When it quickly settled out of court, DeBoer made the move. “A week later I was in an English master’s class in a different state,” DeBoer said. “I felt that calling, and I couldn’t ignore it any longer.” She’s been either a student or a teacher, usually both, ever since. One area of emphasis included 20th Century Christian thought focusing on hope and eschatology—the study of the end of the world. The 1960s were an inflection point when cultural views of authority and morality began to change, DeBoer said. “The 20th Century was the first time that humans Sen. Wendy DeBoer and her nieces enjoy some reading time. were aware that they could easily blow themselves up ‘somebody ought to do something about that’ before you very quickly. We could bring about the end of the world say, ‘wait, maybe I should do something about that,’ ” she ourselves. It had a profound effect about how we think said. about the distant future because that distant future got a She began thinking about running for office after lot closer,” she said. returning to Omaha from Syracuse in 2016. She’d always One issue DeBoer thinks about often is the caustic na- come home during summers breaks, but this time it was ture of modern politics. Tribalism and name-calling were for good. reasons she became a candidate. “I was always trying to get back here. It just had to be “There’s only a certain number of times you can say the right time,” DeBoer said. g

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019

Walz said the issues addressed in certain employers the bill resulted from a report issued by and employment the National Association of Realtors. agencies from ask- “One of the items identified in the ing about a job ap- report is that the industry has an issue plicant’s criminal Real estate license changes with part-time agents who do not have history until the the necessary training to properly pro- employer or agency advance Sen. John McCollister vide services to their clients,” she said. determines wheth- Lawmakers gave first-round approv- “This bill is an attempt to remedy that er the applicant meets the minimum al Feb. 19 to a bill that would make situation here in Nebraska.” qualifications of the position. The changes to education requirements for Bayard Sen. Steve Erdman ques- requirement would apply to businesses new real estate licensees in Nebraska. tioned the need for more education with 15 or more employees. LB384, introduced by Fremont for licensees. He said the state should McCollister said the bill would Sen. Lynne Walz, be removing barriers rather than add- let job applicants move on and begin would prohibit an ing unnecessary requirements. again after they have paid their debt individual with a “It appears that this is a way for the to society. broker’s license real estate people to eliminate some “We have nothing to fear from the from acting as a of the competition,” he said. “I think changes proposed by LB254,” he said. designated broker we’re making it more difficult than it “It simply would allow an applicant for another licens- needs to be.” who may have made a mistake in his ee unless he or she Sen. Lynne Walz Walz said the bill is intended to be or her past to get a foot in the door.” has taken additional courses post- a consumer protection measure, not a Blair Sen. Ben Hansen introduced licensure, including: barrier to individuals who wish to enter an amendment, adopted 36-1, which • real estate trust accounting; the real estate profession. She cited instead would require an employer that • brokerage finance; instances of new agents failing to com- asks an applicant to disclose his or her • business ethics; and plete necessary paperwork during real criminal history to afford the applicant • risk management. estate transactions and other problems. the opportunity to explain a past con- The Nebraska Real Estate Commis- “Buyers and sellers should be able viction or other criminal history. sion could extend the post-licensure to put their trust in a realtor who is The amended bill would not ap- coursework requirement deadline for educated and who is well informed,” ply to the state of Nebraska, local up to six months under a hardship Walz said. governmental agencies or political provision. Senators advanced the bill to select subdivisions. The bill also would require that file on a 33-1 vote. “I like the intent of this bill,” Han- an applicant for a broker’s or sales- sen said. “However, I felt it puts an person’s license complete six class undue burden on employers by forcing hours in a commission-approved them to ... play psychologist with each course related to professional practice applicant to explain why he or she did and standards, and 12 hours in an what they did.” Sen. Suzanne Geist of Lincoln approved real estate knowledge and Bill to delay background supported the amendment, which skills class within 180 days of being checks advanced issued a license. she said eased her concerns regarding As introduced, LB384 also would Senators gave first-round approval the practical application of the bill’s have increased from two to five the Feb. 20 to a bill that would require provisions. number of years of experience that a a prospective employer to evaluate a “As a society, we need to change broker’s license applicant must have job applicant’s qualifications without our perspective about allowing for- as a licensed salesperson or broker. an initial check of his or her criminal mer inmates to enter the workforce,” A Banking, Commerce and In- history. Geist said. “This will help reintegrate surance Committee amendment, LB254, introduced by Sen. John inmates back into society and reduce adopted 31-1, removed that provision. McCollister of Omaha, would bar recidivism.”

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 19 - 22, 2019

Thurston Sen. Joni Albrecht op- The point of contact could be an becomes something that the schools posed the bill, saying that it did not administrator, school nurse, school need to address.” make sense to have different rules for psychologist or other designated Jack Moles, executive director different employers. school employee. of the Nebraska Rural Community “Everybody should be able to tell Each point of contact would be Schools Association, also testified in you what the issues were in their past trained in mental health issue iden- support. School districts need guid- [in order to] be able to come to work tification and would have knowledge ance and resources to help students for an employer,” she said. of local service providers and other with mental health problems, he said, Senators voted 39-2 to advance resources. The point of contact would but the association is concerned that LB254 to select file. facilitate access to mental health ser- the bill would provide no funding for vices during the school day “whenever districts to carry out its requirements. possible.” “Normally we would be in opposi- The bill would require each school tion to a bill that did not provide for district to report its designated mental funding,” Moles said, “but this is just health points of contact to the state too important of an issue to us to be Department of Education before the in opposition because of that.” Mental health services beginning of each school year. Lee Todd of Lincoln testified in registry for schools proposed Walz said schools are the best place opposition to LB727, saying it would The state Department of Educa- to identify children who need mental violate parental rights and waste tion would provide schools with a list health support and to connect those money. He said parents have primary of mental health services available children and their families with the responsibility for caring for their chil- to students and families under a bill services they need. dren, not schools. Institutions such heard Feb. 19 by the Education Com- “Having an individual … at a school as churches also can help if parents mittee. who can identify warning signs and choose not to, he added. Introduced by Fremont Sen. Lynne point someone in the right direction The committee took no immediate Walz, LB727 would require the de- is necessary to help schools provide the action on the bill. partment, in con- most conducive learning environment sultation with the possible,” she said. state Department Stacie Higgins, president-elect of of Health and Hu- the Nebraska Association of School man Services, to Boards, testified in support of the bill provide school dis- on behalf of the NASB, the Nebraska Correctional system oversight, tricts with a reg- Council of School Administrators and children’s commission changes istry of state and Sen. Lynne Walz the Nebraska State Education Associa- proposed local mental health resources for stu- tion. She said student access to mental dents and families by geographic area. health care is a growing problem for The Executive Board heard testi- The bill would require the registry schools of every size across the state. mony Feb. 20 on two bills that would to be updated at least once a year and LB727 and its coordination of expand legislative oversight of the include both school-based services resources would be a “huge benefit” state’s correctional system and bring and outside services. Walz said the to schools as they help students deal the Nebraska Children’s Commis- Nebraska Family Helpline at Boys with the death of a parent, violence in sion under the administration of the Town already produces and updates the home, an eating disorder or other Legislature. such a registry through a contract mental health issue, Higgins said. Under LB313, with DHHS. “Many would argue that it’s not introduced by Lin- LB727 also would require each the school’s job to be the one to find coln Sen. Kate Bolz, school district to designate one or that care for students,” she said, “but the Office of the In- more mental health points of contact when the issues … present themselves spector General of for each school building or other di- at school, impact their learning and the Nebraska Cor- Sen. Kate Bolz vision as determined by the district. the learning of those around them, it rectional System

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019 would expand its oversight to include “It’s unclear what cannot already be vices, opposed LB330. The state’s the state’s regional centers. The three addressed by current law and current child welfare system has changed regional centers are public psychiatric practice,” she said. significantly since the commission hospitals that provide sex offender Doug Koebernick, inspector gen- was founded, he said, and continuing programs and other services. eral of the Nebraska correctional it would be duplicative of many other Bolz said the bill would provide system, testified in a neutral capacity. existing collaborative entities. an independent form of inquiry for Adding oversight of the state’s regional “It was a very different time and concerns regarding the actions of in- centers to the office’s duties would a very different system at that time,” dividuals and agencies responsible for require hiring additional staff, he said. Wallen said. “We’ve made significant the supervision, treatment and release “Currently, I am on office of one improvements, with many more still of people in the regional centers. person,” Koebernick said, which over- to come.” Among other provisions, the bill sees more than 2,300 employees and The committee took no immediate would authorize the inspector general approximately 5,500 incarcerated in- action on either proposal. to investigate allegations or incidents dividuals in 10 correctional facilities. of possible misconduct, violations of Also considered was LB330, intro- Medicaid expansion task force state law or rules and regulations and duced by Bolz, which would eliminate proposed death or serious injury. the July 2019 termination date for “This bill is brought, in part, be- the Nebraska Children’s Commis- The Legislature would create a cause the regional center system has sion. Bolz said the commission was task force to oversee implementation faced some growing personnel and established in 2012 in response to of Medicaid expansion in Nebraska facility challenges in recent history,” the state’s failed attempt to privatize under a bill heard by the Executive Bolz said, including turnover and va- Nebraska’s child welfare system. Board Feb. 22. cancy rates, increased staff and patient Under the bill, the commission Lincoln Sen. Adam Morfeld, spon- assaults and the placement of children would become a permanent forum for sor of LB631, said in the facilities. collaboration among state, local, com- the measure would Ron Glover, a regional center em- munity, public and private stakehold- ensure that the will ployee who said he is on leave due to ers in child welfare and juvenile justice of Nebraska voters a traumatic brain injury resulting from programs and services. The bill also is carried out. An an assault suffered while on duty, testi- would streamline the commission’s initiative petition fied in support of the bill. duties and shift its administration to effort to expand Glover called the lack of regional the Legislature. Medicaid coverage Sen. Adam Morfeld center oversight “exceptionally offen- “I argue that there is a need for was approved by voters in the 2018 sive” and encouraged passage of the a permanent, collaborative forum to general election. bill to ensure that the state Depart- bring together [entities] and provide The state now is required to expand ment of Health and Human Services is strategic problem-solving for a variety eligibility to adults age 19 to 64 whose held accountable for how the facilities of children’s services and systems,” incomes are 138 percent of the federal are operated. Bolz said. poverty level or below. Sheri Dawson, director of the Chris Jones, policy analyst for the “LB631 was introduced to ensure DHHS Division of Behavioral Health, commission, testified in support of that the implementation is successful testified in opposition. The state’s the bill. Since its creation, she said, the and efficient,” Morfeld said, adding regional centers are hospitals and commission has kept the Legislature that it is important for legislative treatment facilities, not correctional informed about how best to create stakeholders and others to be part of facilities, she said, and should be gov- policy to serve Nebraska’s children and the process. erned and overseen as such. families and should continue to do so. The Medicaid Expansion Task In addition, Dawson said, the “In this era of term limits, I believe Force would include as voting mem- Office of the Public Counsel already there is great value in this commis- bers the chairperson or designee of the has the power to investigate cases of sion,” Jones said. Appropriations, Health and Human serious injury or death and other Matt Wallen, director of the DHHS Services and Judiciary committees, as situations. Division of Children and Family Ser- well as three members of the Legisla-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 19 - 22, 2019 ture chosen by the Executive Board. tive oversight would slow that progress a collective bargaining agreement that Seven nonvoting members would and stretch resources even thinner. details the terms of the contract before include health care providers and “The creation of a Medicaid expan- bidding begins. Such agreements drive advocates as well as hospital, business sion task force will not help in imple- up costs, he said. and government representatives. Non- menting this program,” Van Patton “It’s a free-market issue,” Chapin said. voting members would be appointed said, adding that the division’s website Electrical contractor Jay Buchanan by the Executive Board. provides a sufficient level of transpar- also testified in favor of LB151. He Morfeld said that he would consid- ency regarding the expansion process. said project labor agreements discrimi- er adding representatives of the state’s The committee took no immediate nate against the majority of workers federally-qualified health centers and action on LB631. who are non-union. the state Department of Health and “It spits in the face of fair and open Human Services. competition,” Buchanan said, adding The task force would hold at least that 24 states have outlawed project three public hearings, with at least labor agreements. one in each congressional district, Felicia Hilton of the North Central and submit a report to the Legislature States Regional Council of Carpenters annually beginning Dec. 1, 2019. The Bills seek changes in state spoke against the bill. She said project task force would terminate on Dec. contracting labor agreements generally are used 1, 2020, unless reauthorized by the for large construction projects, like a Legislature. The Government, Military and football stadium, and are a valuable Josue Gutierrez, a physician rep- Veterans Affairs Committee heard tool for states and municipalities. resenting the Nebraska Academy of testimony Feb. 20 on two bills that “There’s nothing in state law that en- Family Physicians and the Nebraska would change state contracting rules. courages or discourages use of these type Medical Association, testified in favor Sen. Tom Brewer of Gordon in- of agreements, and it should stay that of LB631. troduced LB151, way,” Hilton said. “It makes no sense “We see this task force as an oppor- which would to ban the state from using this tool.” tunity to provide a [way for] physicians adopt the Govern- Also testifying against the bill was and professionals who are on the front ment Neutrality in Susan Martin of the Nebraska State lines of our patient care to collaborate Contracting Act. AFL-CIO. Project labor agreements together with legislators to share their Under the bill, a provide clear boundaries and expecta- expertise,” Gutierrez said. request for bids tions for a project, Martin said, leading Andy Hale of the Nebraska Hos- could not require Sen. Tom Brewer to higher productivity and better pay pital Association also testified in or prohibit contractors or subcontrac- for workers. support of the bill. Rollouts of other tors from entering into or adhering “The use of PLAs does not restrict major Medicaid changes in the past to a collective bargaining agreement. competition by shutting out non- have proven disruptive and expensive Brewer said the proposal would union contractors,” Martin said. for the state’s hospitals, he said. prohibit the state or any political “PLAs simply create a level playing Given that expansion is estimated subdivision from giving preference to field for all contractors by standard- to bring an additional 94,000 Ne- union or non-union contractors when izing labor conditions on a project.” braskans into the state’s Medicaid it accepts bids for contracts. He said he The committee also considered system, Hale said, planning is crucial was unaware of any situation in which LB21 introduced and should include a broad range of the state had done so. by Seward Sen. stakeholders. “We just want to make sure the state Mark Kolterman. Matthew Van Patton, director of isn’t playing favorites,” Brewer said. The bill would al- the DHHS Division of Medicaid and David Chapin, chairperson of As- low a company to Long-term Care, testified in opposition sociated Builders and Contractors, formally protest if to the bill. The division is making good testified in favor of the bill. He said it failed to secure progress toward implementation, he LB151 could prevent the state from en- a state contact that Sen. Mark Kolterman said, and a “duplicative” level of legisla- tering into a project labor agreement— exceeds $5 million. The state De-

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019 partment of Administrative Services testimony Feb. 21 on a bill that would reporting on the use of federal funds would create a protest procedure that create an inventory of all state agencies to the governor and the Legislature,” would include a hearing within 60 that receive federal money. Oligmueller said. days of a formal protest being filed. LB337, introduced by Sen. John The committee took no immediate Kolterman said the current appeal Stinner of Gering, action on LB337. process is flawed, causing contractors would require the to refuse to do business in the state. state Department “By not allowing judicial review, of Administrative it puts Nebraska at a disadvantage,” Services to create Kolterman said. a list of all state Attorney Tom Kenny spoke in agencies receiving favor of LB21. It would fill in gaps in federal funds, doc- Sen. John Stinner Licensure fee waiver advanced Nebraska’s bidding process, he said, ument requirements associated with and safeguard taxpayer money. federal grants and develop a contin- Senators advanced a bill from “We have large contractors come gency plan in case of a reduction in general file Feb. 21 that would waive to us and say ‘what do you mean you federal funding. initial licensing fees for a variety of don’t have a protest process?’ ” Kenny “The attempt behind this legisla- health professions under the Uniform said. “That differs from other states, tion is to provide a reporting mecha- Credentialing Act. significantly.” nism to hedge against any fiscal stress LB112, intro- Also testifying in favor of LB21 further down the road,” Stinner duced by Omaha was Kerry Winterer, former CEO of said. “It’s imperative we understand Sen. Sara Howard, the state Department of Health and the complexities around any federal would waive initial Human Services. Currently, he said, program.” licensing fees for appeals are decided solely by the state Sarah Curry of the Platte Institute individuals who: Department of Administrative Ser- testified in support of the bill. There • are 18 to 25; Sen. Sara Howard vices. As a result, in the past appeals are 33 state agencies that receive fed- • have a household income less often led to lawsuits, he said, causing eral dollars, including eight that rely than 130 percent of the federal the agency to delay a project while litiga- on federal funds for more than 50 poverty level or are enrolled tion worked its way through the courts. percent of their budgets, Curry said. in a state or federal assistance “[Under LB21] litigation may well She said the recent partial federal program; and decline in the future as court prec- government shutdown demonstrated • are active duty services members edents are set,” Winterer said. the need for better accounting and or their spouses, honorably Bo Botelho, interim CEO of planning. discharged veterans or their DHHS, testified against the bill. He “The scary part is that state govern- spouses and un-remarried sur- said the current appeal process takes ment officials didn’t know the details viving spouses of deceased three to six weeks, and allows a con- of the federal funding, so it was very service members. tractor to submit evidence and cross difficult to prepare. States cannot Howard said that an estimated examine witnesses, “just like a court.” clearly see where federal money is go- 8,000 to 9,000 Nebraskans could take Botelho added that LB21 would ing in their state,” Curry said, “and advantage of the waiver. increase the likelihood of litigation Nebraska is no exception.” She said a study by the Institute for and delay projects. State budget administrator Gerry Justice reported that the average licens- The committee took no immediate Oligmueller testified against the bill. ing fee for low- and medium-income action on either bill. Reporting on requirements associated occupations was $209. with federal funds is important, he “Many individuals who are looking Bill would document federal said, but LB337 would conflict with at paying this fee, especially for the first funds current law and create added costs. time, might be fresh out of school and “Biennial budget instructions is- likely facing the burden of paying off The Government, Military and sued to state agencies, boards and student loans,” Howard said. Veterans Affairs Committee heard commissions specifically require Sen. Steve Erdman of Bayard ques-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 19 - 22, 2019

tioned whether the bill would result planning visit, such as a urinary still have to pay,” Younger said, “But in people outside the three designated tract infection or sexually trans- with this bill they’d be covered under groups paying more for their licenses. mitted infections; Medicaid.” Howard said any increase would be • preventive services such as vac- Also testifying in favor of LB498 negligible. cination against the human was physician Katherine Lessman. She “The amount of impact of having papillomavirus; said contraceptives are a critical part someone get into their job quicker and • treatment of a major medical of a woman’s health care. then start paying income taxes into complication resulting from a “I’m a Christian whose job it is to our state general fund is exponentially family planning appointment; understand and teach female repro- larger than the modest amount that and ductive physiology and its complica- we collect on licensing fees,” she said. • insertion of a long-acting con- tions,” Lessman said. “When used Senators voted 28-0 to advance traceptive. as they typically are in the office and LB112 to select file. The bill explicitly bars the use of hospital setting, our contraceptive state funds to pay for elective abortion medicines and devices do not damage Family planning bill introduced services. or destroy the uterus. The family plan- Wishart said that states with Medic- ning expansion we’re discussing today Family planning services would aid coverage of comprehensive family does not cause abortion but rather be covered by Medicaid under a bill planning services save money in the it prevents it more effectively than considered by the Health and Human long run. In addition, she said, the almost anything we can do.” Services Committee Feb. 22. federal government match would pay Marion Miner, testifying on behalf Sen. Anna Wishart of Lincoln for 90 percent of the cost to imple- of the Nebraska Catholic Conference, introduced LB498, ment LB498. opposed the bill. Miner said LB498 which would direct “The essence of this bill is to allow would lead to risky sexual behavior the state Depart- someone of lower income the best and increase the number of abortions ment of Health access to health care,” Wishart said. in Nebraska. and Human Ser- “It also allows them to interface with “Numerous studies from sources vices to submit a a health care provider.” across the ideological spectrum, and state plan amend- Tiffany Seibert Joekel of the Wom- across many years, have illustrated that ment to the federal Sen. Anna Wishart en’s Fund of Omaha testified in favor greater access to contraception does Centers for Medicare and Medicaid of the bill. She said providing access to not reduce unintended pregnancy and by Sept. 1, 2019, to include medical contraceptives affords women greater abortion, but in fact tends to increase assistance for family planning ser- economic stability. abortion,” Miner said. vices to individuals with an income “Decades of research shows that Miner added that some family plan- at or below 194 percent of the federal better access to family planning helps ning methods like hormonal contra- poverty level. women to decide if and when to ceptives that are covered by the FDA The bill defines family planning start a family,” Seibert Joekel said. are tantamount to abortion. services as: “We’re not forcing these services on Teresa Kenney, a nurse practitio- • all family planning methods anyone. This is about making sure all ner, also testified against the bill. Ken- approved by the U.S. Food and Nebraskans have some level of access ney said some intrauterine devices are Drug Administration; to health care.” dangerous and can lead to injury and • screening and treatment for Heather Younger, representing death. The devices often fail, she said, preinvasive cervical and breast Family Health Services Inc., also which can lead to an abortion. In addi- cancers; testified in favor of LB498. She said tion, she said, hormonal birth control • interpersonal violence screen- her organization often serves single, has side effects including decreased sex ing and prevention; working mothers who are struggling drive and depression. • follow-up family planning ap- financially. “Women who are socially or eco- pointments and counseling; “The problem they have is that nomically disadvantaged deserve • treatment of conditions rou- their kids are covered but they will better,” Kenney said. “I believe it is tinely diagnosed during a family fall under the sliding-fee scale and wrong to treat any woman contrary to

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019 the dignity and respect she deserves.” medical professional, peace officer, document that details resources, op- Testifying on behalf of the state prosecutor or defense attorney provide tions and instructions for requesting DHHS Division of Medicaid and a survivor written documentation information is invaluable in the hands Long-Term Care, Thomas “Rocky” of his or her rights before conduct- of the one who needs it.” Thompson said the bill could cost ing an initial physical examination Representing the Nebraska Criminal the state $1.4 million in fiscal year or interview. A survivor also would Defense Attorneys Association, Spike 2020-21. LB498 potentially would have the right to be interviewed by a Eickholt opposed the bill. The provi- expand family planning services to peace officer of the gender of his or sion of LB43 that requires access to an approximately 15,500 people not cur- her choosing, if the request could be advocate is unnecessary, he said, because rently eligible for Medicaid coverage, reasonably accommodated. advocates already can and sometimes Thompson said. A medical provider conducting a do sit with victims during depositions. The committee took no immediate physical exam after a sexual assault “Creating an automatic statutory action on the bill. would be required to contact the ap- right is arguably going to interfere with propriate law enforcement agency and our ability to do our jobs,” Eickholt said. the agency would be required to retain The committee took no immediate any forensic evidence for 20 years. action on the bill. Evidence collected from a sexual assault physical examination could Wrongfully incarcerated could Sexual assault survivor not be used to prosecute a survivor file claim with state protections sought for any misdemeanor crimes or of- fenses under the Uniform Controlled The state of Nebraska could be The Judiciary Committee heard Substances Act. financially liable for certain federal testimony Feb. 22 on a bill that would Robert Sanford, representing the judgements under a bill considered create a sexual assault survivor’s bill Nebraska Coalition to End Sexual and Feb. 21 by the Judiciary Committee. of rights. Domestic Violence, spoke in support Under LB474, sponsored by Adams Under LB43, introduced by Lin- of the bill. He said the Rape, Abuse & Sen. Myron Dorn, coln Sen. Kate Bolz, a survivor of sex- Incest National Network reported that a person who ob- ual assault would victims of sexual assault do not report tains a final federal be guaranteed the for a variety of reasons, including fear court judgement right to consult of retaliation, a belief that the police for damages aris- with a sexual as- would not help or that the assault was ing from a wrong- sault advocate dur- not important enough to report. ful conviction or Sen. Myron Dorn ing any physical “Advocates provide victims of incarceration due examination or in- sexual assault with information about to a violation of constitutional rights terview by a peace Sen. Kate Bolz the investigation and legal process, could file a claim against the state officer, prosecutor or defense attorney. but they also provide them with the for payment of those damages, if the Bolz said the bill does not create emotional support needed to tell a law amount exceeds the available financial new rights, but articulates the rights enforcement officer, prosecutors and resources of the political subdivision. that survivors already have. others involved in the process what The bill also would allow the po- “Learning more about what re- happened to them,” Sanford said. litical subdivision to file a claim with sources are available and steps to take University of Nebraska at Kearney the state for payment of such dam- following sexual violence can help student Kristen Tomjack also sup- ages independently of the successful calm victims in a difficult time and ported LB43. Sexual assault does not claimant. may increase and encourage report- discriminate, she said, and can happen Dorn said he brought the bill ing,” she said. “LB43 offers consistent to anyone regardless of gender, age or in response to the $28.1 million in guidelines for providing the support ethnicity. damages awarded to the six men and and information that should be of- “This would give survivors a small women wrongly convicted of the beat- fered to every victim of sexual assault.” sense of control in their lives, which ing death of a Beatrice woman in 1985, The bill would require that any they’ve lost,” Tomjack said. “Having a commonly referred to as the “Beatrice

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 19 - 22, 2019

Six.” The six individuals sued Gage Pet safety bill considered animal on their property under a bill County in federal court after they were considered Feb. 20 by the Judiciary exonerated by DNA evidence. People would be responsible for Committee. “Throughout the last several years keeping their pets safe in extreme LB553, introduced by Elmwood ... the message has been that the state weather under a bill heard by the Sen. Robert Cle- would not entertain any financial as- Judiciary Committee Feb. 20. ments, would sistance until a final judgement was Under LB548, sponsored by Oma- permit landlords awarded,” Dorn said. ha Sen. Sara Howard, any person who to require written Erich Tiemann, Gage County leaves a household verification from a Board of Supervisors chairman, spoke pet restrained, un- licensed Nebraska in support of the bill. Gage County has sheltered or un- health service pro- increased its property tax rates to the attended during vider of a tenant’s Sen. Robert Clements maximum levy to pay the settlement, he a severe weather disability and the need for an assis- said, which will negatively impact farm- event or natural or tance animal. ers and stunt economic development. manmade disaster Clements said some tenants have “We’ve maxed out our ... property would be guilty of Sen. Sara Howard sought online verification letters for taxes and will maintain at that level a Class I misdemeanor. their pets to avoid paying pet deposits for the better part of the decade, if A Class I misdemeanor carries a and similar pet fees. not longer, depending on valuations,” penalty of up to one year of imprison- “This [bill] seeks to address the Tiemann said. ment, a $1,000 fine or both. problem of people going on the in- Gage County farmer Art Nietfeld Howard said the bill would create ternet to pay for a verification letter testified in favor of the bill, saying he consequences for people who neglect stating that they need an emotional most likely would pay an additional to provide proper care for their pets. support animal when they don’t suffer $10,000 in property taxes each year “When humans are entrusted with from a disability,” he said. to pay for the settlement. the care of animals, that includes Gene Eckel, representing the Ne- “While I believe the Beatrice Six looking out for their well-being,” she braska Association of Commercial were done a very grave injustice, I also said. “Many animals, because they’re Property Owners, supported the bill. believe the wrong group of people will domesticated, are not able to handle “We strongly support the rights of be paying for [it],” he said. [extreme temperatures].” disabled persons to seek reasonable ac- Lyle Koenig, an attorney who origi- Misty Christo, representing the commodations but abuse is a problem nally represented wrongfully-convicted Nebraska Rescue Council, supported for landlords,” Eckel said. “Without Ada JoAnn Taylor at trial, also sup- the bill. She said current law offers no the clarity in this law, landlords are ported LB474. protection for chained animals during subject to costly legal challenges ... to He said five of the six defendants extreme weather events. dispute lawsuits from [bad] actors.” accepted plea deals and admitted guilt “This is a carefully considered Opposing the bill was Brad Meur- to avoid going to trial and potentially and crafted bill ... designed to solve rens, public policy director for Disabil- receiving the death penalty. Had the the problem of Nebraska pets dying ity Rights Nebraska. A landlord could death penalty not been threatened, during severe weather and natural not identify an unseen disability in Koenig said, the defendants might not disasters,” Christo said. order to demand verification without have accepted deals. No one testified in opposition to invasive, possibly illegal questioning, “The civil justice system has decid- the bill and the committee took no he said. ed they’re entitled to $28 million, but immediate action on it. “We don’t approve or endorse if nobody pays it, they’re still victims,” people trying to ‘game’ the system,” he said. “If Gage County can’t pay it, Documentation could be re- Meurrens said. “However, the goals then there’s an additional injustice quired for assistance animals [of LB553] can largely be achieved imposed upon these people.” through education and enforcement No one testified in opposition to Landlords could require written of existing federal law.” the bill and the committee took no documentation of a tenant’s dis- The committee took no immediate immediate action on it. ability before allowing an assistance action on the bill.

PAGE 12 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019

Bill would curb residential wind and solar resources,” Williams estimates LB242 would reduce state solar energy bans said. “We need support, not barriers.” sales tax revenue by $463,000 in fiscal No one spoke in opposition to the year 2019-20. That would increase to Residents governed by homeowners bill and the committee took no im- $1.3 million by FY2023-24. associations could not be prohibited mediate action on it. Lindstrom said he would introduce from taking advantage of solar energy an amendment that would adjust the under a bill discussed by the Judiciary turnback rate to reduce the proposal’s Committee Feb. 21. cost. LB621, introduced by Omaha Sen. Donna Garden, assistant director Rick Kolowski, would prohibit an of the city of Lincoln’s transportation HOA from adopt- Sales tax turnback proposed to and utilities department, testified in ing or enforcing pay for water, sewer projects support of the bill. She said Lincoln clauses that pre- spends more than $6 million a year to vent a homeowner An increasing percentage of state maintain its water system and another from installing a sales tax revenue would be turned $2 million a year on its wastewater solar energy system back to municipalities and utilities to system. Lincoln water and wastewater on his or her home pay for water and sewer infrastructure projects are funded solely by ratepay- or buildings. Sen. Rick Kolowski projects under a bill heard Feb. 22 by ers, Garden said. Altering an HOA covenant requires the Revenue Committee. “These same ratepayers pay sales tax approval by 100 percent of prop- LB242, introduced by Omaha Sen. on the water and wastewater services erty owners, Kolowski said, so making Brett Lindstrom, that they receive,” she said. “This bill changes from within an association is would require the allows for more of those hard-earned very difficult. state to pay each dollars to fund the services that they “Cities and federal agencies offer political subdivi- are counting on for their families and incentives and tax benefits for the sion, sewer utility their businesses.” installation of solar energy and other or water utility a Also testifying in support was Omaha renewable energy systems,” he said. percentage of the city council member Aimee Melton. She “Yet it’s common for homeowners as- state sales tax im- Sen. Brett Lindstrom said Omaha has raised sewer fees signifi- sociations to ban solar energy systems.” posed and collected on sewer and cantly to pay for a federally-mandated Matt Gregory, representing the Ne- potable water fees. combined sewer overflow project, which braska Farmers Union, supported the “Being able to provide water and could cost up to $3 billion. bill. Homeowners associations should sewer [services] is critical to our eco- “The state does get a windfall from not be a barrier to clean, renewable nomic development, sanitation and the sales tax on the assessment that we energy, he said. living standards for all Nebraskans,” have to do,” Melton said. “We are just “Nebraska needs to be doing more Lindstrom said, “and unfortunately asking for some assistance in turning to encourage and promote renewable these projects are very expensive.” back some of these funds.” energy, specifically solar and wind The turnback rate would be 2 per- Rodney Storm, Blair city administra- [energy],” Gregory said. “This would cent on sales taxes imposed between July tor, also testified in support, saying all allow homeowners to be a part of the 1, 2019, and June 30, 2021, and would Nebraska communities struggle with solution to climate change while saving increase incrementally to 4 percent. the cost of replacing aging water and money on their electric bills.” The funds could be used to pay for sewer infrastructure. He said LB242 Scott Williams of Omaha also infrastructure improvements related to would help cities pay for that mainte- spoke in favor of LB621. We live in constructing, upgrading, redeveloping nance and for expansion projects that an era increasingly impacted by global or replacing sewer and water infra- would drive state economic growth. climate change, he said, and the nega- structure facilities; the redevelopment “We’re here to ask you for a part- tive consequences will continue to be or replacement of obsolete water or nership,” Storm said. felt in agriculture-based states like sewer facilities; or the repayment of No one testified in opposition to Nebraska. bonds issued for such work. the bill and the committee took no “Nebraska is blessed with abundant The state Department of Revenue immediate action on it.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 19 - 22, 2019

Property tax “circuit breaker” up to $107.6 million in credits for support of the bill on behalf of AARP proposed agricultural taxpayers each year. The Nebraska. Because property taxes are bill would limit credits for residential imposed on non-liquid assets, she said, Nebraskans whose property taxes taxpayers to $82.7 million each year. If it can be difficult for those with limited are high relative to their incomes the total amount of credits calculated liquid incomes, such as older Nebras- could apply for a refundable income for applications received in any year kans, to afford them. That is especially tax credit under a bill heard Feb. 21 exceeds those caps, the department true for those whose home valuations by the Revenue Committee. would reduce the credits by a propor- have increased, DeCamp said. Under LB420, introduced by Lin- tionate amount. “Many who may now be retired coln Sen. Kate Bolz, qualifying residen- The department expects that the do not have the income to afford the tial homeowners cap would be exceeded each year, yearly increases in their property taxes, and renters as well resulting in an annual estimated re- especially while also meeting their as agricultural and duction in general fund revenue of basic needs for food, medicine and horticultural land- $190 million beginning with fiscal utilities,” she said. owners could apply year 2020-21. No one testified in opposition to to the state Depart- Tiffany Friesen Milone, policy the bill and the committee took no ment of Revenue director at OpenSky Policy Institute, immediate action on it. for the credits for Sen. Kate Bolz testified in support of the bill. The tax years beginning Jan. 1, 2020. final report of the Legislature’s Tax The credits would go to those who Modernization Committee and a own agricultural or horticultural land 2014 Revenue Committee report on used in a farming operation that has property taxes both recommended us- a federal adjusted gross income of ing circuit breakers to offset property less than $350,000 in the most recent taxes, Friesen Milone said. Bill would require voter taxable year. A qualifying agricultural Jordan Rasmussen, policy manager approval for wireless taxes taxpayer could receive a credit equal for the Center for Rural Affairs, also to the amount of property taxes paid testified in support. She said the value Municipalities could levy addi- on his or her land during the most of a home or property does not always tional taxes on wireless services only recently completed taxable year minus relate to the owner’s income and abil- with voter approval under a bill con- 7 percent of his or her federal AGI. ity to pay the associated property taxes. sidered Feb. 19 by the Transportation An individual whose principal Circuit breakers offset this regressivity and Telecommunications Committee. residence is in Nebraska and who has by providing relief to those who pay a LB550, introduced by Omaha Sen. a federal AGI of less than $100,000 for higher proportion of property taxes Tony Vargas, would someone who is married filing jointly relative to their household income, require a munici- or $50,000 for any other filer also Rasmussen said. pality to secure vot- would qualify. Qualifying homeown- While it would provide significant er approval before ers and renters could receive a credit of savings for those who qualify for the imposing a local between $300 and $1,200 depending credits, she added, LB420 would not sales tax on wire- on their income. correct the state’s heavy reliance on less services. Vargas Bolz said 18 states use “circuit property taxes to fund K-12 education said other Midwest- Sen. Tony Vargas breakers” similar to the one in LB420 and other government services. ern states provide the same services at a to trigger an income tax credit when “In order for a property tax circuit much lower cost to consumers. a person’s property taxes exceed a cer- breaker to provide the greatest benefit “Not only does Nebraska have the tain percentage of his or her income. to … the state’s rural communities,” fourth highest tax rate in the country “LB420 targets property tax relief Rasmussen said, “additional state when it comes to cell services, it is far to those who need it more, both resi- revenues and a broader rebalancing and away the highest in the region,” dential property taxpayers and mod- of Nebraska’s tax system will be re- he said. “Why are Nebraska taxes so estly sized farm operations,” she said. quired.” much higher than every other state?” The department could certify Suzan DeCamp also testified in The bill would make additional

PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019 changes to taxes and fees imposed on Grant funds proposed for 211 from potential providers each year wireless services, including: service and approve a program administrator • lowering the enhanced wireless based on its ability to update the infor- 911 surcharge from 70 cents to The Transportation and Telecom- mation and referral services annually, 35 cents; munications Committee heard tes- geographically index such services by • eliminating the prepaid wireless timony Feb. 19 on a bill that would county and meet all accreditation surcharge; and provide grant funding to a statewide standards set by the Alliance of Infor- • exempting wireless service from health and human services referral mation and Referral Systems. a surcharge used to fund the program. Pamela Schwalb, chief operating of- state’s telecommunications Currently, the Telecommunica- ficer of United Way of the Midlands, relay system. tions Relay System Act levies a sur- supported LB641. She said current Chris Peterson, representing T- charge on telephone lines in Nebraska reliance on Omaha-area philanthropy Mobile, spoke in support of the bill. to provide specialized equipment for makes the statewide service vulnerable Nebraska’s wireless tax burden is qualified deaf, hard of hearing and to changes in local contributions. exceedingly high, he said. speech-impaired individuals. “It is the most comprehensive “At a time when carriers are ex- LB641, introduced by Omaha Sen. source of local human and social panding and improving their networks Mike McDonnell, services information in the state,” ... high taxes deter business growth would allocate a Schwalb said. “Sustaining the infra- and expansion,” Peterson said. “Cur- portion of that sur- structure of 211 is safeguarding a vital tailing these high taxes would reduce charge to provide a statewide service.” business uncertainty.” $300,000 annual Representing the Nebraska Public Norman Weberka of Brainard op- grant to the 211 Service Commission, Commissioner posed the bill. The enhanced wireless Information and Mary Ridder also spoke in support 911 surcharge will fund important Referral Network. Sen. Mike McDonnell of the bill. technological advances in the way the The network is a free hotline “The 211 information and referral deaf and hard of hearing community that connects Nebraskans with non- system is a valuable service for con- interact with first responders, he said. emergency health and human services, sumers seeking to obtain assistance “Several years ago, Nebraska took McDonnell said, and currently is with a wide range of needs,” she said. action to establish a relay system administered by United Way of the “While we support the goals of LB641 statewide so deaf people would have Midlands. to provide a stable funding source ... access to phone services,” Weberka Much of the funding for 211 comes we ask that the surcharge is clearly said. “But if they don’t have the money from charitable donations in Omaha, labeled [on phone bills] so that people to make those services accessible, the where United Way of the Midlands is know exactly where their money is deaf and hard of hearing community located, he said. going.” may be in the dark again.” “211 serves as a catalyst between Opposing the bill was Michelle We- Representing the Nebraska Public people looking for help and those ber, representing Nebraska Advocacy Service Commission in opposition to looking to help them,” McDonnell Group. She said it would divert the the bill was Commissioner Tim Sch- said. “Right now, 211 is vulnerable surcharge for something completely ram. LB550 would reduce funding for to a downturn in the economy and unrelated to the original Telecommu- public safety and next-generation 911 changes in the philanthropic com- nications Relay System Act. by 22 percent, he said, while providing munity.” “We do not oppose the 211 pro- minimal tax relief to consumers. The grant would be used to create gram, but we do object to the funding “This would turn back the clock on a website to educate users about and source proposed in the bill,” Weber the Legislature’s unanimous decision connect them with available services. said. “It adds pressure to the surcharge last year to move forward with next- The grant also could be used to pro- system at a time when our state is at- generation 911 services in Nebraska,” vide 24/7 service through telephone tempting to address other surcharge he said. and online access. priorities.” The committee took no immediate The Nebraska Public Service Com- The committee took no immediate action on the bill. mission would accept applications action on the bill.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 19 - 22, 2019

Bill seeks to ban call spoofing caller ID manipulation. The Nebraska creases and regula- Public Service Commission would be tory concessions, as The Transportation and Telecom- authorized to impose administrative well as incentives munications Committee heard tes- penalties on violators of the act, not for developments timony Feb. 19 on a bill that would to exceed $2,000. that include a cer- prevent telemarketers from knowingly Meghan Stoppel, director of the tain percentage of manipulating caller ID information. state attorney general’s Consumer income-restricted Sen. Justin Wayne LB693, sponsored by Hastings Protection Bureau, supported the bill. rental units for low- Sen. Steve Halloran, is intended to Spoofing protections exist at the federal income residents. target companies level, she said, but neither federal nor The bill would apply to metropoli- that use caller ID state law gives the Nebraska attorney tan-, primary- and first-class cities. to make it appear general adequate enforcement or inves- Wayne said that incentives could as though phone tigatory tools such as subpoena power. include, for example, waiving park- calls are from a “Caller I.D. spoofing per se is not ing ratio requirements or reducing trusted number—a unlawful and almost any attempt to construction site requirements. process known as make it so would be challenged and be “Rather than by using the financial “spoofing.” Sen. Steve Halloran struck down,” Stoppel said. “LB693, incentives to encourage affordable As originally introduced, the bill as amended, gives the enforcement housing [construction] this bill will would have prohibited any person authority to the attorney general, in provide regulatory incentive to do so,” from selling or renting a phone num- addition to the PSC, and fills a gap Wayne said. ber to an out-of-state entity unless the that currently exists in Nebraska law.” Executive Director of the Nebraska telephone number is publicly listed Eric Carstenson, representing the Housing Developers Association, Mat- and could be verified by a telecom- Nebraska Telecommunications Asso- thew Cavanaugh, testified in favor of munications provider. ciation, opposed the bill. He suggested the bill. LB136 would reduce construc- Halloran brought an amendment that the Legislature wait for federal tion costs that have risen sharply in to the committee that would replace lawmakers to approve similar legisla- recent years making many new houses the original bill. tion that currently is pending. too expensive for low-wage earners, As amended, LB693 would prohib- “It would be a problem to have a he said. it any person working in connection patchwork of different state regulations “Increasing the approved density of with a telecommunications service or ... which are more difficult to manage units allowed on a development gives internet-enabled voice service from from state to state,” Carstenson said. a developer the ability to spread the causing a caller ID service to know- The committee took no immediate fixed cost of land, utilities, legal work, ingly provide misleading or inaccu- action on the bill. marketing and other [expenses] across rate information with the intent to more units,” Cavanaugh said. defraud, harm or wrongfully obtain Also speaking in support of LB136 anything of value. was Renee Just of Nebraska Apple- The bill would not harm legitimate seed. She said more than half of Ne- telemarketers, Halloran said, but braska households are cost-burdened, or paying more than 30 percent of rather help the industry and protect Incentives sought for afford- their income for housing, including the people of Nebraska. able housing development “The changing of the number and more than 20,000 in Lincoln. source location identification poses a A bill that would provide incen- Just said the bill would help ease significant risk to the person receiv- tives for construction of low-income the “affordable-housing crisis” in ing the call, but also the person or housing was considered Feb. 19 by the Nebraska. business [whose number] has been Urban Affairs Committee. Chad Nabity, regional planning spoofed,” he said. LB136, introduced by Sen. Justin director for the city of Grand Island, The bill’s provisions would not Wayne of Omaha, would incentiv- testified against the bill. He said den- apply to authorized law enforcement ize affordable housing projects by sity bonuses are appropriate in high- activity or a court order that authorizes providing residential density in- transit areas, but not in smaller cities

PAGE 16 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019

like Grand Island. LB136 also would together using the state’s Interlocal “The private sector will have to be onerous for cities, he said. Cooperation Act. compete directly with the land bank “It is a complete slam on local The bill also specifies that a land without being afforded the same tax control,” Nabity said. bank is prohibited from levying prop- breaks or benefits,” Mach said. “May- Also testifying in opposition was erty taxes. be we should provide incentives to Lynn Rex of the League of Nebraska Land banks, Quick said, are a way the private sector rather than expand Municipalities. Rex said she agreed to address two issues facing cities— government.” with the goal of creating more afford- abandoned or blighted properties and Ann Post testified against LB424 able housing, but could not support a lack of affordable housing. on behalf of the Homebuilders As- a bill that “guts” local planning ordi- “Land banks are designed specifi- sociation of Lincoln. She said the bill nances. cally to address the large amount of would reduce property taxes collected “The better approach is to have the problem properties that the private by a municipality. Post said there are developers come to the city, [and] work market has abandoned,” Quick said. other ways of improving blighted prop- with the municipality on how best Marty Barnhart of the Omaha erties, such as tax liens or donating a to implement an affordable housing Municipal Land Bank testified in favor property to a nonprofit. process,” Rex said. of the bill. Land banks can help lower Also testifying against the bill was The committee took no immediate housing costs in a number of ways, Jessica Shelburn of Americans for action on the bill. Barnhart said, including removing Prosperity. She called land banks a liens against a property that in some “risky, big-government” venture. Bill to expand land banks cases exceed a house’s value. “Unfairly competing with the pri- considered He highlighted several formerly vate sector is not the proper role of blighted properties in Omaha that government,” Shelburn said. The Urban Affairs Committee were acquired and renovated by the The committee took no immediate heard testimony Feb. 19 on a bill that land bank and are now occupied. action on LB424. g would allow municipalities through- Chad Nabity, regional planning di- out Nebraska to create or join land rector for the city of Grand Island, also banks. testified in favor of the bill. As a house LB424, introduced by Grand ages, its value and that of neighboring Island Sen. Dan Quick, would allow properties is eroded, Nabity said. any municipality He added that there are 197 houses in Nebraska to join in Grand Island that are believed to an existing land be vacant. bank—a tax-exempt Also speaking in favor of the bill political subdivi- was Norfolk Mayor Josh Moenning. sion that acquires, He said a land bank would help add manages and de- affordable homes to his growing com- velops vacant and Sen. Dan Quick munity and would reduce the time tax-delinquent properties—under the police spend patrolling abandoned Nebraska Municipal Land Bank Act. buildings. Currently, only municipalities “Omaha has used this tool quite ef- in Douglas and Sarpy counties are fectively,” he said. “We are here today eligible under state law to create land to ask that other Nebraska cities be banks. afforded the same restorative neigh- Under the bill, only a metropolitan borhood revitalizing tools.” class city could create a stand-alone Coby Mach of the Lincoln Inde- land bank. Currently, Omaha is the pendent Business Association testified state’s only metropolitan class city. against the bill. He said it would allow Other municipalities wishing to create a land bank to acquire properties in- a land bank would be required to join stead of private developers.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 19 - 22, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Tuesday, Feb. 26 LB346 (Wishart) Change special Agency 63: Neb. Board of Public Agriculture education reimbursements Accountancy Room 1524 - 1:30 PM LB165 (Hunt) Adopt the Too Young to Agency 58: Board of Engineers and LB201 (McCollister) Prohibit certain Suspend Act Architects unlawful acts as prescribed relating to Agency 59: Board of Geologists the Weights and Measures Act Transportation & Telecommunications Agency 62: State Board of Examiners LB229 (Groene) Prohibit certain Warner Chamber - 1:30 PM for Land Surveyors unlawful acts as prescribed under the LB461 (Friesen) Eliminate certificates Agency 66: Abstracters Board of Weights and Measures Act of public convenience and necessity Examiners LB157 (Brewer) Provide for voluntary and permits for common and contract Agency 73: State Board of Landscape registration, duties for the Department motor carriers and provide a permit Architects of Agriculture, and a cause of action process for regulated motor carriers under the Nebraska Apiary Act LB51 (Vargas) Change license Executive Board LB382 (Geist) Change the Dog and Cat applications, prohibited acts, and Room 1525 - 12:00 PM Purchase Protection Act franchise restrictions under the Motor LB572 (Walz) Provide authority for the Vehicle Industry Regulation Act public counsel over an assisted-living Appropriations LB366 (Bostelman) Change registration facility Room 1003 - 1:30 PM fee for alternative fuel-powered motor LB598 (Walz) Provide the Public LB293 (Speaker Scheer) Provide, vehicles Counsel with access to data from change, and eliminate provisions LB698 (Bostelman) Change load the Adult Protective Services Central relating to appropriations provisions and penalties for commercial Registry LB294 (Speaker Scheer) Appropriate motor vehicles and commercial trailers LB599 (Walz) Provide data to the Public funds for the expenses of Nebraska LB325 (Bostelman) Provide for motor Counsel from the Division of Children State Government for the biennium vehicle tax exemptions for one and Family Services of the Department ending June 30, 2021 hundred percent service-connected of Health and Human Services LB295 (Speaker Scheer) Appropriate disability compensation rated veterans LB600 (Walz) Change a time limit funds for salaries of members of the and dependency and indemnity relating to the authority of the deputy Legislature compensation recipients public counsel for institutions LB296 (Speaker Scheer) Appropriate funds for salaries of constitutional Urban Affairs Government, Military & Veterans Affairs officers Room 1510 - 1:30 PM Room 1507 - 1:30 PM LB297 (Speaker Scheer) Appropriate LB492 (Wayne) Adopt the Regional Appointments: RichardGrauerholz, funds for capital construction and Metropolitan Transit Authority Act Tim Hofbauer, Trent D. Kleinow - State property acquisition LB476 (McCollister) Eliminate a sunset Emergency Response Commission LB298 (Speaker Scheer) Repeal funds provision relating to certain retail sales LB626 (Pansing Brooks) Create and authorize, provide, change, and of natural gas by a metropolitan utilities the position of veterans’ workforce eliminate fund transfer provisions district development coordinator in the LB299 (Speaker Scheer) Change Cash LB574 (Brewer) Change a provision Department of Labor Reserve Fund provisions relating to regular meetings of a LB144 (Hughes) Provide for voter metropolitan utilities district approval of nonpartisan nomination and Banking, Commerce & Insurance LB445 (McDonnell) Require a city of the partisan election of county officers Room 1507 - 1:30 PM metropolitan class to provide an annual LB603 (Lindstrom) Change automatic budget report relating to use of any Health & Human Services teller machine fees occupation tax levied and collected Room 1510 - 1:30 PM LB407 (Lindstrom) Grant in-state credit Appointments: Kyle Klammer, Cherlyn unions powers of out-of-state credit Wednesday, Feb. 27 Hunt - Neb. Rural Health Advisory unions as prescribed Appropriations Commission LB453 (Clements) Provide for hearings Room 1003 - 1:30 PM LB220 (Wishart) Change provisions on credit union membership expansion Agency 45: Board of Barber Examiners regarding vending facility programs in applications Agency 30: State Electrical Board state buildings for blind vendors Agency 74: Neb. Power Review Board LB248 (Howard) Change terminology Education Agency 41: State Real Estate relating to hearing-impaired persons Room 1525 - 1:30 PM Commission LB675 (Groene) Change provisions Agency 53: Real Property Appraiser Judiciary relating to education Board Warner Chamber - 1:30 PM LB133 (Pansing Brooks) Change

PAGE 18 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar provisions relating to structured Municipalities Task Force LB343 (Halloran) Adopt the School programming and deferral of parole LB681 (Hilgers) Change provisions Safety Rapid Response Option Act and LB262 (DeBoer) Change membership relating to legislative subpoenas authorize schools to allow employees and duties of long-term restrictive LB713 (Vargas) Provide for long-term to carry concealed handguns housing work group accountability from the Legislative LB275 (M. Hansen) Require notification LB286 (McCollister) Create the Fiscal Analyst when persons prohibited by state Coordinated Reentry Council or federal law attempt to obtain a LB331 (Bolz) Change provisions relating Government, Military & Veterans Affairs handgun purchase permit or concealed to the Board of Parole, the Department Room 1507 - 1:30 PM handgun permit of Correctional Services, and the Office LB522 (Linehan) Name and change LB582 (Brewer) Change provisions of Probation Administration the purpose of the County Civil relating to possession of a stolen LB365 (Crawford) Adopt the Health Service Commission Act, change firearm Care Directives Registry Act provisions relating to commission LB739 (Vargas) Change procedures membership and duties, and provide Natural Resources and requirements for use of restrictive for appointment of a human resources Room 1525 - 1:30 PM housing of inmates director Appointment: Donald P. Batie - Neb. LB524 (Dorn) Change provisions Natural Resources Commission Natural Resources relating to annexations under the LB580 (Hilkemann) Change provisions Room 1525 - 1:30 PM Nebraska Budget Act relating to landfill disposal fees and Appointment: Mark Czaplewski - Neb. LB525 (Dorn) Change provisions rebates under the Integrated Solid Natural Resources Commission relating to the sale of county land in fee Waste Management Act LB374 (Brewer) Provide for raptor simple LB632 (Hughes) Clarify a statutory permits for wildlife abatement LB736 (Murman) Provide restrictions reference relating to rural water districts on occupation taxes, license fees, Revenue and regulation by counties and Revenue Room 1524 - 1:30 PM municipalities Room 1524 - 1:30 PM LB303 (Lindstrom) Change the amount LB473 (Dorn) Change revenue of relief under the Property Tax Credit Health & Human Services and taxation provisions relating to Act Room 1510 - 1:00 PM judgments against public corporations LR8CA (Linehan) Constitutional Division of Developmental Disabilities and political subdivisions, authorize amendment to limit the total amount of Briefing certain loans, and provide powers and property tax revenue that may be raised duties to the State Treasurer by political subdivisions Health & Human Services LB710 (Cavanaugh) Change provisions LB506 (Briese) Adopt the Property Tax Room 1510 - 1:30 PM relating to tobacco including sales, Request Limitation Act LB323 (Crawford) Change eligibility crimes, a tax increase, and distribution LB482 (Erdman) Provide for an provisions under the Medical of funds adjustment to the assessed value of Assistance Act for certain disabled LB493 (Wayne) Change provisions destroyed real property persons relating to property tax exemptions LB570 (Walz) Change provisions under the Nebraska Housing Agency Thursday, Feb. 28 relating to an advisory committee and Act Appropriations a strategic plan for services for persons LB529 (Groene) Change provisions Room 1003 - 1:30 PM with disabilities relating to a property tax exemption for Agency 52: State Fair Board LB540 (Walz) Eliminate the termination hospitals Agency 39: Neb. Brand Committee date of a developmental disability Agency 56: Neb. Wheat Board service Friday, March 1 Agency 61: Neb. Dairy Industry Appropriations Development Board Judiciary Room 1003 - 1:30 PM Agency 86: Dry Bean Commission Warner Chamber - 1:30 PM LB100 (Wayne) State intent relating to Agency 88: Corn Development, LB54 (Lowe) Change provisions relating an appropriation to the Nebraska State Utilization and Marketing Board to carrying a concealed weapon Historical Society Agency 92: Neb. Grain Sorghum Board LB58 (Morfeld) Adopt the Extreme Risk LB225 (Quick) Appropriate funds to the Protection Order Act Nebraska State Historical Society Executive Board LB198 (Halloran) Change provisions Agency 54: Neb. State Historical Society Room 1525 - 12:00 PM relating to use of a deadly weapon to Agency 23: Dept. of Labor LB636 (Stinner) Create the commit a felony and prohibit use of a Agency 37: Workers’ Compensation Court Financial Condition of Counties and facsimile firearm to commit a felony

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 February 19 - 22, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar

Agency 77: Commission of Industrial discrimination by a seller or landlord on LB448 (McDonnell) Change provisions Relations the basis of sexual orientation, gender relating to compensation for burial Agency 85: Neb. Public Employees identity, or citizenship status in any real expenses under the Nebraska Workers’ Retirement Board estate transaction or lease Compensation Act Agency 54: Neb. State Historical Society LB487 (La Grone) Require the Nebraska Revenue Workers’ Compensation Court to adopt Government, Military & Veterans Affairs Room 1524 - 1:30 PM an evidencebased drug formulary Room 1507 - 1:30 PM LB162 (Hunt) Impose sales and use LB418 (Cavanaugh) Change LB637 (Stinner) Authorize sales of taxes on certain services provisions relating to certain medical tourism promotional products by the LB507 (Briese) Impose sales tax on debt collection involving workers’ Nebraska Tourism Commission certain services and eliminate sales tax compensation LB583 (Hilgers) Provide powers exemptions LB364 (Quick) Change provisions for certain counties under the LB508 (Briese) Impose sales and use relating to a limit on fees under the Transportation Innovation Act taxes on certain services, eliminate Nebraska Workers’ Compensation Act LB414 (Brandt) Change county highway sales tax exemptions, and use the LB408 (Quick) Change provisions superintendent duties as prescribed increased revenue for property tax relating to compensation paid upon and eliminate an annual report credits. the death on an employee under the requirement LB614 (Crawford) Change revenue and Nebraska Workers’ Compensation Act LB633 (Wishart) Change provisions taxation provisions relating to real property owner LB441 (McCollister) Change provisions Education information available to the public relating to certain sales and use tax Room 1525 - 1:30 PM refund deductions and applicability to LB120 (Crawford) Require teacher Health & Human Services municipalities as prescribed and school staff to receive training on Room 1510 - 1:30 PM behavioral and mental health LB468 (Walz) Prohibit additional Monday, March 4 LB416 (Friesen) Change distribution of services and populations under the Appropriations funds from the temporary school fund medicaid managed care program Room 1524 - 1:30 PM and from fines and licenses LB571 (Walz) Provide for a data base LB425 (Hilkemann) Appropriate LB104 (Linehan) Change distribution of of grievance procedures from assisted- funds to the Board of Regents of the the Nebraska Education Improvement living facilities University of Nebraska Fund LB597 (Walz) Require reporting of LB552 (McDonnell) Change LB650 (Wayne) Adopt the Teach for incidents and development of policies appropriations relating to the Nebraska Nebraska Program Act and change for assistedliving facilities Tree Recovery Program provisions relating to the Nebraska LB562 (Stinner) State intent relating to Education Improvement Fund and the Judiciary University of Nebraska facilities and Excellence in Teaching Cash Fund Warner Chamber - 1:30 PM appropriations Appointments: Michelle Schindler, Agency 51: University of Nebraska General Affairs Shawn Eatherton, Thomas Parker - System Room 1510 - 1:30 PM Crime Victims Reparations Committee Appointment: Harry Hoch - Neb. Liquor LB395 (M. Hansen) Change landlord’s Banking, Commerce & Insurance Control Commission power of possession provisions in Room 1507 - 1:30 PM LB137 (Blood) Adopt the Fantasy cases of domestic violence LB15 (Blood) Adopt the Children of Contests Act and provide a gambling LB396 (M. Hansen) Change landlord Nebraska Hearing Aid Act exception and tenant provisions relating to LB501 (Hunt) Require insurance LB149 (Quick) Change provisions continuances and rental deposits coverage for in vitro fertilization relating to vapor products LB433 (M. Hansen) Change provisions procedures LB397 (Briese) Change provisions relating to return of tenant’s deposits LB316 (Kolterman) Adopt the Pharmacy relating to tobacco and other nicotine and damages Benefit Fairness and Transparency Act products and tobacco manufacturers LB434 (M. Hansen) Change landlord LB734 (Hunt) Provide for licensure and tenant provisions relating to three- Business & Labor of charter bus services under the day notice to quit and to create a right Room 1003 - 1:30 PM Nebraska Liquor Control Act of redemption for tenants LB526 (McDonnell) Change provisions LB435 (M. Hansen) Change provisions relating to compensation for temporary Transportation & Telecommunications relating to retaliatory conduct by a disability under the Nebraska Workers’ Warner Chamber - 1:30 PM landlord Compensation Act LB39 (Hilkemann) Change provisions LB689 (Cavanaugh) Prohibit relating to occupant protection system

PAGE 20 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar enforcement and change certain postsecondary educational institutions construction and maintenance in cities violations from secondary to primary to conduct an annual sexual assault of the metropolitan class enforcement climate survey LB40 (Hilkemann) Change provisions Wednesday, March 6 related to provisional operator’s Transportation & Telecommunications Judiciary permits, LPD and LPE learner’s Warner Chamber - 1:30 PM Warner Chamber - 1:30 PM permits, and interactive wireless LB611 (Brandt) Require train crews of LB179 (Hilgers) Authorize the appeal of communication devices at least two individuals certain motions as final orders LB620 (Kolowski) Provide for LB401 (Quick) Adopt the Midwest LB231 (Pansing Brooks) Change enforcement of violations relating Interstate Passenger Rail Compact provisions relating to legal defense of to use of handheld wireless LB521 (McDonnell) Change and juveniles communication devices as a primary eliminate provisions relating to LB352 (Morfeld) Provide requirements action automated vehicles relating to the use of jailhouse LB634 (Hilkemann) Require three-point informants safety belt systems for school vehicles Urban Affairs LB377 (DeBoer) Provide for voidability as prescribed Room 1510 - 1:30 PM of certain releases from liability LR14CA (Wayne) Constitutional LB595 (Albrecht) Change Office Tuesday, March 5 amendment to authorize municipalities of Dispute Resolution to Office of Agriculture to pledge property taxes for up to Restorative Justice and Dispute Room 1003 - 1:30 PM twenty years if more than one-half of Resolution and change powers and LB45 (Chambers) Repeal the Black- the property in a redevelopment project duties of the office Tailed Prairie Dog Management Act is extremely blighted LB690 (Cavanaugh) Adopt the Healthy LB304 (Crawford) Exempt certain LB648 (Wayne) Change the Community Pregnancies for Incarcerated Women operations from the definition of a food Development Law Act establishment under the Nebraska Pure LB721 (Lindstrom) Provide for insurance eligibility for spouses and Food Act Thursday, March 7 LB732 (Vargas) Adopt the Mobile Food dependents of deceased or disabled firefighters of cities of the first-class Judiciary Unit Act and change fees for a mobile Warner Chamber - 1:30 PM food unit LB564 (Bolz) Change the Civic and Community Center Financing Act LB44 (Chambers) Eliminate the death penalty and change provisions relating Banking, Commerce & Insurance LB731 (Hunt) Change provisions relating to new or updated to murder in the first degree Room 1507 - 1:30 PM LB207 (Morfeld) Create a Death Penalty LB228 (Hughes) Prohibit certain comprehensive plans adopted by municipalities Defense Standards Advisory Council insurance practices relating to a LB238 (Pansing Brooks) Change person’s status as a living organ donor LB520 (McDonnell) Provide requirements for safety standards requirements for witnessing death LB619 (Kolowski) Require coverage penalty executions g under insurance policies for mental and operating procedures for road health services delivered in schools LB569 (Morfeld) Adopt the Out- of-Network Consumer Protection, Transparency, and Accountability Act

Education Room 1525 - 1:30 PM LB432 (Groene) Include tax-increment financing valuation in adjusted valuations for purposes of state aid to schools and change school district levy authority LB671 (Linehan) Provide for sparsity aid in the Tax Equity and Educational Opportunities Support Act LB674 (Linehan) Change the base limitation for school districts LB534 (Cavanaugh) Require public

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 February 19 - 22, 2019 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 22 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 19 - 22, 2019

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.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 23 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