UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 38, Issue 11 / Mar. 16 - 20, 2015 Senators Increase in aid to dependent discuss children advances helmet law repeal awmakers debated a bill March 19 and 20 that would abolish L Nebraska’s motorcycle helmet law. Introduced by Hoskins Sen. Dave Bloomfield, LB31 would repeal the law that requires motorcycle and moped operators and passengers to wear a helmet. Bloomfield said Nebraska’s 97,000 motorcyclists should have the freedom to make their own decisions about their personal safety. “This is an infringement of indi- vidual rights and we should do away with it,” Bloomfield said. Sens. Kathy Campbell (right) and consult during debate on LB89. Columbus Sen. Paul Schumacher supported the bill, saying that life bill intended to remove the changing the earned income disregard is full of risks that may cause in- “cliff effect” in the state’s would make the best use of those jury. Without risk, he said, humanity A Aid to Dependent Children TANF dollars, she said, and would would cease to advance. (ADC) program advanced from gen- protect the state’s vulnerable children. “Our societies arise out of the ac- eral file March 18. For example, she said, the maxi- ceptance of risk and the freedom to Lincoln Sen. Kathy Campbell, in- mum ADC benefit in Nebraska has pursue it,” Schumacher said. troducer of LB89, said the bill would not changed in over 30 years. In ad- Omaha Sen. Bob Krist also sup- ensure that Nebraska is using federal dition, the cliff effect causes families ported the bill, saying the state’s con- funds appropriately to aid low-income to lose access to the ADC program if cern about the risks of motorcycle rid- families and prevent the unnecessary they accept even a small hourly wage ing should not outweigh people’s right entry of children into the child welfare increase, she said. to choose how to protect themselves. system. “Having spent nearly 40 years “I’ve heard the arguments from all Campbell said the state Depart- working on children’s issue, I’ve come sides,” Krist said. “This is a personal ment of Health and Human Services to realize that one of the major risk right. The freedom of choice should currently has $50 million in unused factors in child abuse and neglect is apply here as it does in other places.” Temporary Aid to Needy Families poverty,” Campbell said. O’Neill Sen. Tyson Larson esti- (TANF) block grant funds. Increas- LB89 would increase the maximum ing the maximum ADC benefit and benefit each year through 2019, after (continued page 3) (continued page 2)

INSIDE: Meet Sen. Pansing Brooks • Winner-take-all election bill stalls • Speaker priority bills March 16 - 20, 2015

Increase in aid to dependent children advances (continued from front page) which it would be set at 70 percent of For TANF funds, she said, that the standard need. The bill also would purpose is to assist children in pov- change the amount of gross earned erty and to help low-income families income that is disregarded for ADC achieve self-sufficiency. The current applicants, increasing it to 50 percent maximum monthly benefit of $293 once eligibility is established. does not achieve those goals, she said, Bellevue Sen. spoke because it is not enough to ensure in favor of the bill, saying the state that struggling parents can meet their should use federal block grant funds children’s basic needs. Committee wisely and for their intended purpose. “Our low maximum payment puts children at greater risk Hearings for involvement in our *Current hearing schedules child welfare system,” are always available at: Crawford said. nebraskalegislature.gov/calendar Seward Sen. Mark Wednesday, March 25 Kolterman also sup- Nebraska Retirement Systems ported the bill, saying Room 1525 - 12:00 p.m. it would help low-in- Presentation of Annual Reports come families become Tuesday, March 31 taxpayers rather than Agriculture users of tax dollars. Room 2102 - 1:10 p.m. “I think it’s time, Appointments: Mary Baker, Barbara Cooksley, Richard Koelsch - Climate after 30 years, that we Assessment Response Committee support this,” Kolter- man said. Tuesday, April 7 The bill advanced Natural Resources to select file on a 26-0 Room 1525 - 1:00 p.m. Appointment: James Reed Macy - Dept. g Sen. said it is time to increase ADC payments. vote. of Environmental Quality g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kate Heltzel, Ami Johnson, Jon Taylor; Photographer: Bess Ghormley

Printed copies of bills, resolutions and the Legislative Journal are available by calling the 24-Hour Request Line at 402-471-2877. Subscriptions are available by calling 402-471-2271 or visiting Room 2108 in the State Capitol. For status of bills and resolutions, visit NebraskaLegislature.gov/bills or call the Legislative Hotline (during session) at 402-471-2709 or 800-742-7456. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604

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PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 16 - 20, 2015

Senators discuss helmet law repeal (continued from front page) mated that western and central Nebraska businesses lose at least $4 million in tax revenue annually from riders who avoid the state on their way to the motorcycle rally in Sturgis, S.D. “We are missing out on millions of dollars that are circumventing this state,” Larson said. “That is true eco- nomic development that we are ignoring.” Omaha Sen. offered a motion March 19 to bracket the bill, or postpone further debate on it for the rest of the session. The motion failed 21-19. “It is important that we keep this helmet law in place,” Hilkemann said. “Show me the data that it does not save lives to have a helmet on—you cannot find it.” Grand Island Sen. Mike Gloor also opposed the bill, saying studies show unhelmeted motorcycle riders are three times more likely to suffer a brain injury in a crash than those wearing a helmet. Helmet laws make sense, he said, because helmets are 37 percent effective in preventing fatal head injuries to motorcyclists. “All states that have repealed or revoked helmet laws have reported an increase in motorcycle fatality rates,” Gloor said. Malcolm Sen. Ken Haar said that being struck by a car years ago while riding a motorcycle proved to him the Sen. Dave Bloomfield said Nebraska’s motorcycle helmet law effectiveness of motorcycle helmets. infringes on individual freedom. “I believe that helmet saved my life,” he said, opposing said that the medical costs to treat severe brain injuries the bill. can be more than $3 million over a patient’s lifetime. In her opposition to the bill, Lincoln Sen. Expenses not covered by insurance are passed on to tax- payers, she said. “I cannot stand behind a change that will cost the state so much,” Bolz said. “Not only in dollars and cents, but in quality of life.” A pending Judiciary Committee amendment would make the bill apply only to operators and passengers under 21 years old. The amendment also would require all motorcyclists to use eye protection such as goggles, a windshield or a face shield attached to a helmet. An amendment to the committee amendment brought by Lincoln Sen. Roy Baker would have permitted the operation of motorcycles without helmets by parade par- ticipants riding up to 30 miles per hour who are at least 21 years old. The amendment failed 6-21. The Legislature adjourned for the day before taking further action on the bill. Debate on the issue will resume Sen. Robert Hilkemann said wearing a helmet is part of the March 23. Several amendments are pending. g responsibility of riding a motorcycle.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 16 - 20, 2015 Meet the Senator Service a priority for senator eceiving one’s high school community instilled the same diploma is a momentous values in her, she said. The Roccasion, but for Sen. Patty result is an extensive list of vol- Pansing Brooks, the event was even unteer efforts, from serving on more memorable because the person parent-teacher organizations to presenting the certificate was her co-chairing the $6 million fund- mother. raising campaign for downtown Wanting to make a greater impact Lincoln’s new Union Plaza. in the school district, Lu Pansing had “Once you start participating earned a seat on the Lincoln Board of in groups, then you see the joy Education, Pansing Brooks said. in the giving yourself to help One of her duties was to hand out others,” Pansing Brooks said. diplomas. “It becomes addictive. I hope to And one of those she impacted was make a difference in the lives of her daughter. other people.” “Having your mom do that—it was Following the example set by pretty significant to a high schooler,” her grandfather and father, she the senator said. started a business in District 28, Community service was normal (a law firm with her husband, behavior in her household, Pansing Loel, in 1986), and began volun- Brooks said: her mother served on the teering as a way to meet people The senator enjoys playing guitar in her spare time. Lincoln Community Foundation and and give back to Lincoln. Being children leaving for college this year her father, Tom, served on the Lincoln a state senator was not in her long- and years of wide-ranging community City Council. range plan, she said. involvement under her belt, the time Seeing her parents give back to the But with the youngest of her three was right take her civic endeavors to the next level. Pansing Brooks said some of her goals as a new senator include learning the Unicameral system, advocating for those in her district who struggle with low incomes and making sure Nebraska’s educational priorities sur- vive a legislative session where property tax reduc- tions have been suggested. “We all have the same goals of helping Nebraska to thrive,” she said. “It’s just a matter of details on how to get there.” g The senator’s family, from left: Avery, Graham, husband Loel, and Taylor.

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 16 - 20, 2015

amendment, adopted 39-0, removed each year, he said, which would help a provision that would have required shorten long wait times and improve the report to include a recommenda- dental health. tion of the appropriate Cash Reserve “We have reached the limit of what Fund balance adequate to sustain es- we can accomplish without a steady Fiscal volatility report sential government operations in the source of revenue,” McMorris said. requirement clears first round event of a recession. David O’Doherty of the Nebraska Mello said the amendment re- Dental Association also testified in A bill that would require the flected concerns regarding potential support, saying disparities in access Legislature’s fiscal office to report differences of opinion among lawmak- to dental care are well documented. on revenue volatility advanced from ers as to the definition of essential Preventive dental care saves the state general file March 17. government operations. money in the long term, he said. LB33, introduced by Omaha Sen. Following adoption of the commit- Only one in five adults can afford Heath Mello, would tee amendment the bill advanced to routine dental care, O’Doherty said, require the fiscal of- select file 36-0. and only 35 percent of working-age fice to produce a adults visited a dentist in 2012. revenue volatility Bill would increase funding for “The oral health problems of low- report in advance dental health income Nebraskans do not disappear,” of new biennial O’Doherty said. “They go somewhere budgets. Mello said The state’s seven federally-qualified else.” the report would Sen. Heath Mello community health centers would re- No opposition testimony was given assist the Legislature in preparing for ceive funding to address unmet dental and the committee took no immediate potential economic downturns and health needs under a bill heard March action on the bill. strengthening state fiscal policy. 17 by the Appropriations Committee. “This is simply a recommended LB82, introduced by Omaha Bill would fund perinatal report that will help all of us to under- Sen. Tanya Cook, collaborative stand the nature of revenue volatility would appropriate as it impacts the state’s economy and $150,000 in gen- A collaborative focused on perina- our state budget process,” he said. eral funds in fiscal tal issues would receive state dollars The report would: year 2015-16 and under a bill heard March 16 by the • evaluate the tax base and vola- FY2016-17 to each Appropriations Committee. tility of revenue streams that of the seven com- LB233, introduced by Omaha provide funding for the state munity health cen- Sen. Tanya Cook Sen. Sara Howard, would appropriate General Fund budget; ters. Cook said the need for dental $100,000 in gen- • identify federal funding includ- care among low-income Nebraskans eral funds in fiscal ed in the state budget and any is growing, especially among children. year 2015-16 and projected changes in the amount “Throughout Nebraska there is a FY2016-17 to the or value of that funding; severe lack of access to both preven- state Department • identify and analyze the ad- tative and acute dental care for low- of Health and Hu- equacy of current and projected income Nebraskans,” she said. man Services. The balances of the Cash Reserve Addressing this unmet need would funds would be Sen. Sara Howard Fund; decrease costs to the state and increase used to contract with the University • include revenue projections the quality of life for families that of Nebraska Medical Center (UNMC) for the ensuing two fiscal years currently do not have a dental home, for the Nebraska Perinatal Quality included in the impending Cook said. Improvement Collaborative. biennial budget; and Kenny McMorris, CEO of Charles Howard said a Nebraska perinatal • contain any other recommenda- Drew Health Center in Omaha, testi- collaborative is being developed with tions that the legislative fiscal fied in favor of the bill. The funding the goal of reducing infant mortality, analyst determines are necessary. would allow his center to serve ap- preterm births, substance abuse dur- An Appropriations Committee proximately 1,400 additional patients

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 16 - 20, 2015 ing pregnancy and maternal mortality. treatment for people recovering from Appropriations Committee March 18. A normal birth costs an average substance abuse disorders. As introduced by Gering Sen. of $4,000 per child, she said, while LB381, introduced by Omaha Sen. , LB633 would appro- a preterm birth costs an average of Tanya Cook, would priate $40 million $49,000 per child. The state and hos- state the intent of in general funds pitals currently absorb much of that the Legislature to ap- beginning in fiscal cost, she said. propriate $200,000 year 2015-16, to “This legislation is an investment to the state Depart- be divided equally in the future of our citizens,” How- ment of Health and between incorpo- ard said. “If mothers and babies are Human Services to rated municipali- given the best possible care in starting provide housing Sen. Tanya Cook ties and counties. Sen. John Stinner their journey, they will certainly live services to support people recover- Funds could be used only for public healthier lives.” ing from substance abuse disorders. infrastructure projects. Ann Anderson Berry, medical Cook said the funds would be used Stinner presented an amendment director of the Nebraska Perinatal to support evidence-based practices to the committee that provides for- Quality Improvement Collaborative, that conform to nationally recognized mulas for distributing the funds and testified in favor of the bill. She said standards for residential treatment specifies qualifying public infrastruc- that the most successful collaboratives and increase access to residential treat- ture projects. in other states have been public/pri- ment in geographic areas of the state Under the amendment, the $20 vate partnerships. with demonstrable need. million appropriation to municipali- Anderson Berry said LB233 would “LB381 will expand this transfor- ties would be allocated proportionally fund administrative costs to house the mational treatment by supporting based on the population of each incor- collaborative at UNMC, which would expansion and administration of the porated municipality. The $20 million provide the necessary infrastructure— programs that work the best,” she said. appropriated to counties would be including databases, statisticians and Kristin Hallberg, Nebraska out- allocated proportionally based on providers—to reduce infant and mater- reach services staff for Oxford House, lineal feet of bridges in each county. A nal mortality and morbidity. Inc., testified in support of the bill. county with no bridges would receive “The state is a necessary public She said research shows that the kind a distribution equal to 85 percent of health partner,” she said. of residential treatment environment the smallest county aid distribution. John Sparks, an Omaha neonatolo- that Oxford House provides—hous- A qualifying municipal public gist, also testified in support. Sparks ing that is self-supporting and self- infrastructure project would include, said he is able to care for preterm governed by the individuals recover- but not be limited to, highways and infants as a neonatologist, but as part ing from substance abuse who live bridges, sidewalks, wastewater systems, of a collaborative he would be able to there—achieves superior success rates. hazardous waste disposal systems, air- work with other professionals to pre- “Last year, only 16.7 percent of resi- ports and mass transit systems. vent preterm births from happening. dents were expelled for relapse nation- A qualifying county infrastructure “This model has been highly suc- wide,” Hallberg said, adding that LB381 project would include public roads, cessful in other states and I believe it would allow the program to expand the highways and bridges, jails and cor- will be successful here,” he said. number of houses in Nebraska. rection facilities, buildings and equip- No opposition testimony was of- No one testified in opposition to ment used for county services. fered and the committee took no the bill and the committee took no Stinner said the elimination of immediate action on the bill. immediate action on it. direct state aid to cities and counties in 2011 has added to the challenge Funds sought for substance Restoration of state aid to of maintaining public infrastructure abuse treatment housing cities and counties proposed across Nebraska. The infrastructure deficit for streets, roads and bridges The Appropriations Committee Nebraska municipalities and coun- alone is in the billions, he said. heard testimony March 17 on a bill in- ties would see some direct state aid “Obviously, the funds appropriated tended to increase access to residential restored under a bill heard by the by LB633 would not totally address the

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 16 - 20, 2015 huge infrastructure deficit facing mu- The Developmental Disabilities of rehabilitative and mental health nicipalities and counties,” Stinner said. Special Investigative Committee has programs. “However, LB633 is an important first been providing ongoing oversight of LR34, adopted on Feb. 27, reautho- step to help restore the historic partner- the placement and care of the de- rized the committee. Appointed are: ship between the state and municipal velopmentally disabled in Nebraska • Lincoln Sen. Kate Bolz; and county governments.” since 2008. • Omaha Sen. ; Lincoln Mayor Chris Beutler tes- The committee was reauthorized • Lincoln Sen. Colby Coash; tified in support of the bill, saying Feb. 27 with the adoption of LR32. • Crete Sen. Laura Ebke; local infrastructure is a pressing need Appointed to the committee are: • Omaha Sen. Bob Krist; for many cities and counties. Lincoln • Lincoln Sen. Roy Baker; • Omaha Sen. Heath Mello; would receive approximately $2.8 mil- • Lincoln Sen. Kate Bolz; • Lincoln Sen. ; lion under the formula outlined in • Lincoln Sen. Colby Coash • Lincoln Sen. Patty Pansing the amendment, he said, which likely (chairperson); Brooks; would be used for roads. • Hyannis Sen. Al Davis; • Columbus Sen. Paul Schum- “The city of Lincoln maintains • Omaha Sen. Burke Harr; acher; about 1,240 miles of roads,” Beutler • Omaha Sen. Robert Hilke- • Omaha Sen. Les Seiler (chair- said. “We spend $51 million annually mann; and person); and on road repair, rehabilitation and new • Wahoo Sen. Jerry Johnson. • Gothenburg Sen. Matt Wil- construction. That is $7 million less The ACCESSNebraska Special In- liams. than the closest estimate of what our vestigative Committee was established needs are, which is $58 million a year.” in 2014. ACCESSNebraska is an on- Renee Fry, executive director of line and call center system developed OpenSky Policy Institute, also testified and implemented by the state Depart- in support of the bill, saying it would ment of Health and Human Services reduce reliance on property taxes to to determine public benefit eligibility fund infrastructure needs. Nebraska and deliver benefits to clients. ranks 43rd in state aid to local govern- The committee originally was estab- Winner-take-all election bill ments, she said. lished in 2014 to investigate an array stalls on second round “If we want to meaningfully and of problems including long wait times sustainably reduce our over-reliance on for callers, high worker turnover and After three days of select file debate, property taxes,” she said, “increasing lost paperwork. The adoption of LR33 an attempt to force a vote on a bill that state aid to local governments such as on Feb. 27 authorized continuation of would reinstate a winner-take-all system proposed in LB633 is a good first step.” the committee’s oversight of the AC- for allocating Nebraska’s presidential No opposition testimony was given CESSNebraska system. Appointed to electoral votes failed March 17. and the committee took no immediate the committee are: Currently, the winner of Nebras- action on the bill. • Omaha Sen. Joni Craighead; ka’s statewide popular vote receives • Bellevue Sen. Sue Crawford; two Electoral College votes. The state’s • Lincoln Sen. ; three congressional districts also award • Omaha Sen. Sara Howard (chair- one electoral vote each based on the person); popular vote winner in each district. • Omaha Sen. John McCollister; Maine is the only other state to use • Ralston Sen. Merv Riepe; and this system. LB10, sponsored Appointments made to three • Gering Sen. John Stinner. by Omaha Sen. special committees The Department of Correctional Services Special Investigative Commit- Beau McCoy, would The Executive Board of the Leg- tee was established in 2014, and was reinstate a winner- islature announced appointments to authorized to study the administration take-all system and three special investigative committees of good time laws, policies relating to award all five elec- toral votes to the March 18. inmate segregation and the availability Sen. Beau McCoy

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 16 - 20, 2015 winner of the state’s popular vote. state,” he said. “It has not even gotten proximately $1 million to successfully “In light of the fact that we are a close in any other state.” place an issue on the ballot. small, agriculturally-based state, we McCoy offered a motion to invoke “The right to petition the govern- should protect and uplift the entire cloture—or cease debate and force a ment—the right of the petition initia- state by holding our entire five votes vote on the bill. The motion failed tive process—is in the constitution in together in the winner-take-all system on a 31-18 vote. Thirty-three votes the state of Nebraska and it is the first that we used in Nebraska prior to were needed. right reserved to the people,” he said. 1991,” McCoy said. A failed cloture motion prevents The bill advanced to select file on During select file debate March 9, further debate on a bill for the day. a 38-0 vote. Crete Sen. Laura Ebke said Nebraska’s LB10 is unlikely to be scheduled for system reflects the intent of the framers further debate this session. of the U.S. Constitution. Until 1832, she said, it was not unusual for states Pay-per-signature petition bill to split their Electoral College votes. advances “This is about being true to the intent of the Constitution and I can’t Petition circulators in Nebraska Felony for fake gun crimes get past that,” she said. could be paid by the signature under proposed Omaha Sen. Ernie Chambers of- a bill that cleared the first round of fered a series of unsuccessful amend- debate March 18. Using a fake firearm to commit a ments and motions on select file in an LB367, introduced by North Platte crime would be a felony in Nebraska effort to extend debate. In his opposi- Sen. , would remove a pro- under a bill heard by the Judiciary tion to LB10, he said the bill would hibition on circu- Committee March 19. discourage political participation. lators being paid LB14, introduced by Omaha Sen. “This bill represents an attempt to by the number of Bob Krist, would put in place in Nebraska a return to signatures collect- classify as a Class what the Republican Party wants to ed. Groene said III felony the use see happen—that is to totally demolish the prohibition, of a facsimile or any effective political participation in place since nonfunctioning by people who are not Republicans,” 2008, violates the Sen. Michael Groene firearm to com- Chambers said. free speech rights of Nebraskans. mit a felony, pun- Ebke expressed a similar concern, “This absolutely destroys grassroots ishable by up to Sen. Bob Krist noting that Democratic candidates efforts to get an issue on the ballot,” 20 years’ imprisonment and a $25,000 consistently garner 30 to 35 percent he said, adding that average citizens fine, or both. of the vote in Nebraska. Given those cannot afford to finance a petition The bill defines a facsimile firearm numbers, she said, it is logical that effort that requires hiring a company as any replica, toy, starter pistol or an electoral outcome that reflects to collect signatures. other object that reasonably resembles the state’s diversity would encourage “It has really broken the back an actual firearm. Use of the facsimile greater political participation in areas of people trying to take part in our or nonfunctioning firearm would be of Nebraska that are closely divided government through the petition treated as a separate offense from the between the two major parties. process,” Groene said. felony being committed. “We should all want people to be Sen. John Murante of Gretna Krist said he introduced the bill involved, even when they disagree with supported the bill, saying the right of because Nebraska does not have a law us,” Ebke said. “I want more people in- citizens to petition their government specifically prohibiting the use of a volved in our [political] system, not less.” is especially important in a state with facsimile firearm to commit a crime. McCoy said Nebraska’s plan has a one-house Legislature where the He said recent crimes in the state have not boosted voter turnout as was people serve as the second house. proven that when criminals use fake promised when enacted in 1991, nor Murante said state lawmakers have guns, “the results are dangerous, and has it become a national trend. added barriers to the petition process in certain cases, deadly.” “It has not happened in any other over the years, resulting in a cost of ap- Anthony Conner, vice president of the Omaha Police Officers Associa-

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 16 - 20, 2015 tion, testified in support of the bill. ment, adopted 36-0, would add an death of the woman—to post a sign He said there is no difference in the emergency clause and require the Su- stating that a woman seeking an abor- emotional trauma caused to victims preme Court to codify the guidelines tion cannot be coerced or forced into by crimes committed with real or into court rules by July 1, 2015. having an abortion. fake guns. The amendment also would re- The bill also would require the state “Even though the gun is fake, the quire a guardian to: Department of Health and Human fear it causes the victim is 100 percent • consult with the assigned ju- Services (DHHS) to develop and main- real,” Conner said. venile within two weeks of tain a web page containing ultrasound Don Kleine, representing the Ne- placement; images of unborn children, a list of braska County Attorneys Association, • conduct consultations every facilities providing a free ultrasound also spoke in favor of the bill. He said three months; and information on abortion alterna- the punishment proposed by the bill • submit written reports at dispo- tives. Facilities with websites would be for criminals who use facsimile fire- sitional, review or permanency required to place a link to the DHHS arms is appropriate because victims do planning hearings; and page on their home page. not perceive the threat differently than • submit itemized statements for The bill would impose a $500 fine when a real weapon is used. multi-case contracts. for each day the sign is not posted. “The intent of the individual is the Speaking in support of the amend- Kintner said the bill, especially same as if he had a real gun,” Kleine ment, Lincoln Sen. Kathy Campbell its provisions for online access to said. said committee members learned of information, would be a way to bring No one spoke in opposition to the cases in which guardians ad litem Nebraska’s informed consent statutes bill and the committee took no im- had not visited with children prior to “into the 21st century.” Research mediate action on it. representing them in court. The bill confirms, he said, that a substantial would make guardians more account- number of women feel forced by boy- Responsibilities of appointed able, she said. friends, spouses, parents and others to guardians amended, advanced “This is a core responsibility of have abortions. government,” Campbell said. “Chil- Information provided by online The duties of a guardian appointed dren don’t have a voice. They have to and posted messages would reiterate to to represent juveniles in court would depend on, in the courtroom, that the women that decisions about abortion be specified by legislation advanced guardian ad litem speaks for them.” are exclusively theirs and that legal from general file March 17. Senators advanced the bill on a protection from coercion is available, LB15, introduced by Omaha Sen. 35-0 vote. he said. Bob Krist, would require a guardian ad “No woman in Nebraska should litem to follow guidelines established Abortion notification ever regret not having enough infor- by the Nebraska Supreme Court. requirement proposed mation about abortion,” Kintner said. Responsibilities would include con- “I want to give that woman one more sulting with the assigned juvenile in Health care facilities that perform chance to say yes to life.” person, attending all their hearings, abortions would be required to post Maris Bentley of Nebraskans United limiting their own caseloads and sub- signs and online messages notifying for Life testified in support of the bill, mitting itemized billing statements. women of their rights under a bill saying that women are coerced into abor- The bill also would permit guardians heard by the Judiciary Committee tion far more regularly than is reported. ad litem to be compensated on a per- March 18. It is critical that pregnant women be case or multi-case contract basis. LB187, intro- provided as much information about Krist said interim studies have shown duced by Papillion abortion as possible, she said. that not all guardians ad litem act in Sen. Bill Kintner, “It won’t keep coercion and forced the best interest of the juveniles they would require any abortions from happening, but it will represent. The bill would clarify what health care facil- help,” Bentley said. guardians are bound to do and make ity that performs Greg Schleppenbach of the Nebras- the guidelines enforceable, he said. abortions—other Sen. Bill Kintner ka Catholic Conference agreed, citing A Judiciary Committee amend- than those necessary to prevent the a study reporting that 64 percent of

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 16 - 20, 2015 women felt pressured to have an abor- tion, transfer and storage of firearms vulnerable to costly lawsuits by gun tion. The bill would provide women and ammunition. Cities and villages rights organizations, she said. Com- relevant information that would help would retain the authority to enforce mon sense should guide how firearms them make a decision that is “freely prohibitions on firearm discharge. are governed in individual cities, she made and fully informed,” he said in The bill also would revoke regula- said, not state mandates. his testimony supporting the bill. tions that remain in some city and “Gun laws should not be ‘one size “No woman should be coerced village ordinances but were superseded fits all,’” Hobbs said. or pressured to have an abortion,” in 2006 by the Concealed Handgun Courtney Lawton, a public school Schleppenbach said. Permit Act. teacher, also spoke in opposition to DeLoris Tonack of the American Ebke said that the wide range the bill, saying statewide gun regula- Association of University Women of firearms regulations enacted by tions deprive local officials and voters testified in opposition to the bill. She Nebraska communities has created of their authority to decide what is best said signs and websites displaying confusion for residents who travel for their communities. She said local narrowly defined abortion language with guns throughout the state. Laws government and law enforcement of- would infringe on individuals’ right governing how a hunting rifle may be ficials who are the most familiar with to make decisions for themselves and transported and stored in a vehicle may the residents they serve should make would lead to the publication of ad- differ in rural and urban communities, and enforce gun regulations. ditional state-mandated messages. she said, causing Nebraska citizens to “Different cities have different “This bill is not about informa- unintentionally violate the law. needs,” Lawton said. tion,” Tonack said. “It is about coer- Statewide, uniform gun regulations The committee took no immediate cion—it is the coercion.” based on the state’s constitution and action on the bill. Scout Richters of American Civil laws override local gun ordinances, Liberties Union Nebraska also spoke Ebke said, calling the bill a “common Removing parental rights of in opposition to the bill. The measure sense modification.” sex offenders considered would require an exclusively pro-life Anna Kopperud of the National message be displayed, she said, which Rifle Association testified in support Parental rights of convicted sex would violate the First Amendment of the bill. She said very few states still offenders could be terminated by a rights of clinics. allow communities to set individual bill heard by the Judiciary Committee “This bill is not about safety, it is gun ordinances because of the confu- March 18. about harassing providers and sham- sion it causes. LB358, introduced by Bellevue ing women,” Richters said. “This patchwork [of gun regula- Sen. Tommy Garrett, would require The committee took no immediate tions] makes compliance very difficult a county attorney action on the bill. and almost impossible for responsible to file a petition on gun owners,” Kopperud said. behalf of the state Repeal of local firearm Marty Bilek of the Omaha mayor’s to terminate the pa- ordinances proposed office agreed. In his testimony sup- rental rights of the porting the bill, he said numerous biological father of Firearms regulation would be community ordinances sometimes a child conceived as consistently enforced across the state are at odds with state gun ownership a result of a sexual Sen. Tommy Garrett under a bill heard by the Judiciary requirements. assault. Parental rights of the biologi- Committee March 19. “Cities and municipalities have cal father could be restored if the Introduced by made gun ownership unnecessarily child’s mother or guardian consents, Crete Sen. Laura cumbersome,” Bilek said. or the court finds it in the best interest Ebke, LB289 would Representing the Nebraska chapter of the child. repeal individual of Moms Demand Action for Gun The bill also would prohibit the city and village or- Sense in America, Jan Hobbs testified court from considering biological fa- dinances governing in opposition to the bill. Community thers of children conceived as a result the registration, pos- officials who attempt to enforce out- of a sexual assault when attempting to session, transporta- Sen. Laura Ebke dated local gun regulations would be preserve and reunify a family. If a bio-

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 16 - 20, 2015 logical father has been charged with a in support of the bill. Some states still Rent-restricted housing project is sexual assault, the bill would require require victims of sexual assault to ac- defined as a project consisting of five a court to delay paternity action until quire an assailant’s permission before or more houses or residential units guilt or innocence is determined. placing a child for adoption, he said. that is financed, in whole or in part, Garrett said our country has a LB358 would prevent mothers of chil- with an allocation of federal low- sexual assault problem, citing the dren conceived by sexual assault from income housing tax credits. 25,000 to 32,000 rape-related preg- being repeatedly victimized, he said. The bill would create the Rent- nancies reported each year. Sexual “This bill recognizes the power Restricted Housing Projects Valuation assault victims in Nebraska have only and control an attacker has over the Committee, which would develop two options to guarantee their assail- victim months—and even years—later,” a market-derived capitalization rate ants remain out of their lives, he said: Sanford said. to be used by county assessors when terminating the pregnancy or placing No one spoke in opposition to the determining assessed value for quali- the child for adoption. These women bill and the committee took no im- fied projects. deserve better protection from their mediate action on it. The committee would include the assailants, he said. state tax commissioner, as well as: “We are forcing mothers to bar- • a representative of local gov- gain with their rapists in giving these ernment assessing officials ap- criminals continual control of their pointed by the commissioner; victims,” Garrett said. “The bottom • a representative of the low- line is that they should not be forced income housing industry ap- to keep their assaulters in their lives Rent-restricted property pointed by the commissioner; and the lives of their children.” appraisal changes advanced and A victim of rape testified in sup- • an appraiser from the private port of the bill, saying her decision to Senators gave first-round approval sector appointed by the tax keep her baby should not have given March 18 to a bill that would adjust commissioner. her rapist the option to remain in her the property appraisal calculation for Owners of a rent-restricted hous- child’s life. Without a law protecting rent-restricted housing. ing project would be required to file her family, she said, she is forced to LB356, introduced by Omaha a detailed income and expense data co-parent with a person she does not Sen. Burke Harr, would require statement with the committee and the trust, causing her stress and fear for county assessors to county assessor by Oct. 1 of each year. the child’s safety. use an income ap- Gothenburg Sen. Matt Williams “Rapists do not deserve parental proach calculation supported the bill, saying that it is a rights. It is like rewarding them,” she for all rent-restricted crucial economic development tool. said. housing projects to “Often times, we try to go out and A Missouri parent of a rape victim determine taxable create new jobs in our districts. The also spoke in favor of the bill. When valuation. Harr said plain fact is that we just don’t have her daughter’s rapist sought full cus- the bill would create Sen. Burke Harr the people to fill the jobs that are tody of her grandson, she said her a fair system of appraisal for owners of available,” Williams said. “[Providing family felt “lucky” that a judge denied such properties. affordable housing] is essential in him parenting privileges. Better legal “This acknowledges that even if creating new housing in the state and avenues should exist to ensure fami- you have two nearly identical hous- [filling available jobs].” lies can fully sever ties with rapists, ing units located next to each other, Following the adoption of two tech- she said. that the rent-restricted housing does nical amendments, senators advanced “Prevailing under these circum- not create as much income as the the bill to select file on a 30-0 vote. stances should not be about luck,” she other property,” he said. “By [adopting said. “It should be about law.” LB356], developers will likely build Robert Sanford, legal director for more rent-restricted housing and the Nebraska Coalition to End Sexual provide more places for low-income and Domestic Violence, also testified families to reside.”

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 March 16 - 20, 2015

municipality to be annexed. These municipalities. would have to be approved by the city Omaha Sen. Beau McCoy intro- council or village board within whose duced an amendment to the com- zoning jurisdiction the SID is located. mittee amendment that would have A qualifying SID would have the prohibited SIDs from levying a tax Expanded SID authority power to regulate: to pay for contracted solid waste col- advanced • licensure of dogs and other lection services. Instead, any person animals; owning property in an SID that uses Legislators gave first-round ap- • parking of abandoned vehicles; such contracted services would pay on proval March 18 to a bill that would • streets and sidewalks, including an individual basis. expand the authority of sanitary and removal of obstructions and While SIDs have elected boards improvement districts (SIDs). encroachments; and of directors, McCoy said, property When a property developer buys • parking on public roads and owners would not have a say in taxes land for a housing development, an rights of way relating to snow levied upon them. SID is created to install streets, sewers removal and access by emer- “I want to make certain that those and power, as well as buy land for pub- gency vehicles. in an SID have the option to not par- lic parks. The SID is vested with taxing In order to qualify for the addition- ticipate in the taxes placed on them for authority to finance these services. al powers, an SID would have to be: solid waste services,” he said. “This is LB324, introduced by Omaha • located in a county with a an issue that is very important to me Sen. John Mc- population less than 100,000 and to the members of my district.” Collister, would thousand people; McCollister opposed the amend- authorize SIDs • located in a different county ment, saying that LB324 represents an to contract for than the county of the mu- agreement between the municipalities, solid waste col- nicipality within whose zoning SIDs and homeowners. lection services. jurisdiction the SID is located; “When you choose to live inside McCollister said • unable to incorporate due to its an SID, you give a certain amount of that the bill ad- Sen. John McCollister close proximity to a municipal- taxing authority to the board of direc- dresses an ambiguity in state statute ity; and tors,” he said. “We’re simply adding with regard to SID authority. • unable to be annexed by a one more item that the SID board “The current law does not clearly municipality with zoning juris- could contract for.” authorize an SID to enter into a con- diction because the SID is not The McCoy amendment failed on tract for solid waste removal services,” adjacent or contiguous to such a 14-20 vote. Senators then advanced he said. “[LB324] would make it pos- municipality. the bill to select file on a 30-2 vote. g sible to offer a neighborhood-wide LB420, originally introduced by solid waste removal plan and improve Bellevue Sen. Sue Crawford, would the quality of life for its residents.” require a person purchasing a home Under an Urban Affairs Commit- located in an SID to acknowledge in tee amendment, adopted 30-2, any writing their understanding that: solid waste collection contract entered • the property is located within into by an SID would be cancelled an SID; upon the district’s annexation by a • SIDs are located outside the city or village. The amendment also corporate limits of any munici- incorporated provisions of two other pality; bills: LB197 and LB420. • residents of SIDs are not eligible Originally introduced by Norfolk to vote in municipal elections; Sen. Jim Scheer, LB197 would provide and additional powers to an SID when • owners of property located in it is too close to a municipality to an SID have limited access to incorporate, yet too far away from a services provided by nearby

PAGE 12 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 16 - 20, 2015 Speaker Priority Bills Bill Introducer Status One-line description

LB47 Watermeier General File Change provisions relating to anatomical gifts under the Motor Vehicle Operator’s License Act LB196 Campbell General File Change provisions of the Rural Health Systems and Professional Incentive Act LB200 Davis General File Change the distribution of sales and use tax revenue and provide duties for the Department of Revenue LB231 Smith General File Provide for regulation and operation of autocycles LB240 Hansen General File Change provisions relating to a behavioral health pilot program LB315 Howard General File Change provisions relating to medicaid recovery audit contractors LB317 Kintner General File Repeal the Midwest Interstate Passenger Rail Compact LB325 Davis General File Change levy provisions for rural and suburban fire protection districts LB347 Krist General File Expand the jurisdiction of the Inspector General to the juvenile justice system LB361 Harr General File Clarify that certain assessments levied as prescribed are levied and collected as special assessments LB382 Cook General File Change provisions of the Diploma of High School Equivalency Assistance Act and state intent relating to certain transfers LB415 Pansing Brooks General File Change provisions relating to the Uniform Interstate Family Support Act LB452 Hilkemann General File Provide advertising requirements under the Uniform Credentialing Act LB457 Gloor General File Change the Site and Building Development Act and terminate a fund LB458 Kolterman General File Authorize limited lines travel insurance producer licenses LB500 Howard General File Require application for medicaid state plan amendment for multisystemic therapy and functional family therapy LB539 Watermeier General File Change provisions relating to the office of Legislative Audit and the Auditor of Public Accounts LB540 Crawford General File Adopt updated international building code standards LB547 Campbell Referral Change provisions of the Quality Child Care Act LB577 Murante General File Permit counties to regulate peddlers, hawkers, and solicitors LB581 Nordquist Referral Adopt the Nebraska Clean-burning Motor Fuel Development Act LB591 Bolz Referral Create the achieve a better life experience program and provide for adjustments to taxable income LB605 Mello Referral Change classification of penalties, punishments, probation and parole provisions, and provisions relating to criminal records and restitution and provide for a special legislative committee LB607 Mello General File Adopt the Home Care Consumer Bill of Rights Act LB642 Garrett General File Change provisions relating to motorboat, motor vehicle, and trailer registration and titling

U.S. Congress contact information

Senator Deb Fischer Congressman Jeff Fortenberry Congressman Adrian Smith Senate (District 1) (District 3) 383 Russell Senate Office Building 1514 Longworth House Office Building 2241 Rayburn House Office Building Washington, D.C. 20510 Washington, D.C. 20515 Washington, D.C. 20515 Tel. (202) 224-6551 Tel. (202) 225-4806 Tel. (202) 225-6435

Senator Congressman Brad Ashford United States Senate (District 2) B40E Dirksen Senate Office Building 107 Cannon House Office Building Washington D.C. 20510 Washington, D.C. 20515 Tel. (202) 224-4224 Tel. (202) 225-4155

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 March 16 - 20, 2015 Crafting the State Budget

he primary constitutional duty of the Legislature is to pass the state budget. Before a budget is passed, however, the Legislature must T consider virtually thousands of funding requests for the creation, maintenance or improvement of government services, programs, equipment and infrastructure. This lengthy process is governed and guided by provisions of the Nebraska Constitution, state statutes and legislative rules. ebraska’s budget cycle he governor is re- the fiscal office analysis of each agency Nconsists of two fiscal Tquired to submit his budget request. Under legislative years, called a biennium. or her budget recom- rules, the committee must submit Biennial budgets are enacted mendation by Jan. 15 its preliminary recommendations in during regular 90-day legisla- in odd-numbered years, a report to the Legislature 20 to 30 tive sessions held in odd- except that in the first legislative days after the governor’s numbered years. Budget ad- year of office a governor budget submission. justments are made during may submit a proposal on The report includes preliminary regular 60-day sessions held in or before Feb. 1. The gov- funding levels and an overall analysis even-numbered years. Conse- ernor communicates his of the state’s spending capacity based quently, the volume of issues or her proposals through on current revenue forecasts, tax rate BIENNIUM and dollar value of decisions a state of the state address assumptions and compliance with the during short sessions typically is less. and formally submits statutory minimum reserve, which The Legislature’s Appropria- his or her recommenda- must fall between 3 and 7 percent of tions Committee is responsible for tion to the Legislature available general funds. The estimates reviewing budget requests and present- through one or more in the preliminary report become the ing a budget recommendation to be bills, introduced by the basis of discussion during subsequent considered by the full Legislature. Be- GOVERNOR’S RECOMMENDATION speaker of the Legisla- public hearings with state agencies fore submitting its recommendation, ture at the request of the and other interested parties. the committee considers recommen- governor. During this time, other standing dations from the governor, requests The governor’s appropriation committees are conducting hearings from state agencies and fiscal impacts bills routinely are referred to the Ap- on bills referred to them. Each bill has of bills sponsored by senators. propriations Committee. Other sub- an accompanying fiscal note, which is The process begins when state stantive bills that are instrumental to an estimate of the financial impact of agency requests come to the Legisla- the governor’s budget recommendation the legislation, including expenditures tive Fiscal Office in the fall prior to are referred to the standing commit- and revenues. each session. Fiscal Office staff study tee having subject matter jurisdiction. The fiscal note becomes the ba- the requests and prepare briefings for Such substantive bills are not subject sis for estimating what appropriation the Appropriations Committee. At to the Jan. 15 deadline. may be necessary if the bill becomes the same time, budget analysts from During the first 10 days of ses- law. When a committee advances a bill the executive branch are reviewing sion, senators introduce other bills, that has a financial impact, a compan- agency requests and working with which may require an appropriation ion bill authorizing an appropriation the governor to formulate his or her to implement. is introduced. This bill is assigned the budget recommendation. In January and February, the same number as its companion along Appropriations Committee reviews with an “A” suffix.

PAGE 14 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 16 - 20, 2015

fter issuing its pre- current year. It is not unusual for the appropriations bills by the 80th day in a Aliminary report, the deficit bill to be considered early in long session or the 50th day in a short Appropriations Commit- the session because some of the adjust- session. There is no penalty for not tee conducts public hear- ments may be emergencies that apply passing appropriation bills as provided ings on the budget and to the current year. by rule, other than the holdup of bills then reviews all prelimi- Other bills also may be offered, during a long session. Circumstances nary decisions, informa- including bills making appropriations such as volume of amendments, length tion obtained during the for salary increases, increased benefit of debate and full discussion of appro- hearings and any other costs or substantive law changes — priations matters can extend passage information brought to such as authorization for a fee and of the appropriations bills beyond the its attention. creation of a fund — that implement prescribed deadlines. Appropriations The committee some aspect of the committee recom- bills usually carry the emergency clause, meets for about two weeks mendation. which requires 33 votes for passage on to complete a set of recom- final reading. This also is true of deficit mendations that is offered fter the committee’s bills bills. Bills without the emergency clause to the full Legislature in Aare placed on general need 25 votes to pass. the form of amendments file, a daily financial status COMMITTEE COMMITTEE RECOMMENDATION to the governor’s legisla- report of the general fund ac- n appropriation bills, tion or new bills. companies the daily agenda. Othe governor has the op- During a long session the com- The status report indicates tion of signing the bill, letting mittee has until the 70th day to place the amount of budgeted the bill become law without its budget bills on general file. During funds under the committee his or her signature, vetoing a short session, the deadline is the recommendation and the the bill or returning the bill 40th legislative day. If the commit- amount of additional spend- to the Legislature with one or tee fails to introduce its bills by the ing that could be accommo- more line-item vetoes. Within deadline, legislative rules require that dated beyond the statutorily a day of the return of appro- senators consider the appropriation required minimum reserve. priation bills to the Legislature

bills as introduced by the governor. REPORT STATUS For planning purposes, with total or line-item vetoes, At a minimum, the Legislature the status also indicates fi- VETOES the Appropriations Commit- must consider three appropriation nancial conditions for the biennium tee must report on the impact bills: one for legislators’ salaries; under consideration plus the two fol- of the vetoes and may offer a motion another for constitutional officers’ lowing years. Although the Legislature to override all or part of them. salaries, which generally include considers only the first two years for Individual members of the other elected officials and judges; and appropriations, simulating impacts for Legislature may then offer their own a third to appropriate for all other two additional years provides useful veto override motions. For an override expenditures. information on the state’s ability to motion to succeed, two-thirds of the However, the committee typically sustain future obligations. Legislature must vote for it. introduces several bills that fall under During long sessions, all other All final appropriations ulti- broad categories. One large bill appro- bills having a general fund expendi- mately enacted take effect July 1 of priates most state funds for operations ture or a general fund revenue loss the designated fiscal year or, if passed and state aid. A second bill typically are held on final reading and may without the emergency clause, three is offered to make appropriations for not be read until the Appropriations calendar months after the end of the capital construction projects. Another Committee’s budget bills pass. During legislative session. Deficit bills making bill provides for deficit appropriations, short sessions, other bills may be read adjustments to current-year appropria- which are adjustments to appropria- after the 45th day. tions with the emergency clause are tions previously authorized for the By rule, the Legislature must pass effective immediately. g

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 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

Sen. Adam Morfeld addresses ninth graders from Lincoln North Star High School, who visited the Capitol this week to learn about the legislative process.