UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 41, Issue 7 / Feb. 12 - 15, 2018

University backers oppose funding cuts

Nebraska University President Hank Bounds (center) presents the case to the Appropriations Committee for restoring the institution’s funding. upporters of the University of offered by Gov. , the students, business leaders and others turned out for a four university system would lose $11 mil- lined up in opposition. Sand a half hour hearing of the lion in funding in the current fiscal President Hank Bounds said the Appropriations Committee Feb. 14 to year and $23 million in FY2018-19. proposed cuts are on top of the across- oppose funding cuts. During the agency budget hearing, the-board reductions already absorbed Under the state budget proposal administrators, alumni, teachers, by the university system along with (continued page 3) Bill would require employers to provide equal wages mployers would be held accountable for gender-based receive more college and graduate degrees than men, yet Ewage disparities under a bill discussed by the Business this gap persists.” and Labor Committee Feb. 12. The bill would provide an affirmative defense in any civil LB1014, introduced by Lincoln Sen. Patty Pansing action brought against an employer alleging wage discrimi- Brooks, would require employers to provide equal pay for nation based on gender, if that employer has completed employees performing comparable work that requires sub- a self-evaluation in good faith of its pay practices within stantially similar skill, effort and responsibility, performed three years of the complaint. under similar working conditions. Additionally, the employer must demonstrate that it has Pansing Brooks said women in Nebraska currently make made reasonable progress toward eliminating any wage dif- 73 cents for every dollar a man makes. Protecting employees ferentials for comparable work based on such an evaluation. who disclose wage information would help women more A person would be guilty of a Class III misdemeanor if effectively negotiate higher wages and more quickly close he or she fires or discriminates against an employee who the gender pay gap, she said, which will not close until has filed a complaint with an employer, the state attorney 2066 if current trends persist. general or the Equal Opportunity Commission. A Class “While the pay gap has slowly moved in the right di- III misdemeanor carries a penalty of up to three months rection, it has been far too slow in my opinion,” Pansing imprisonment, a $500 fine or both. Brooks said. “Women make up half of the workforce and An employer would be guilty of a Class V misdemeanor (continued page 2)

INSIDE: Social workers proposed for ESUs • Automated vehicles considered • Hearing schedule February 12 - 15, 2018

Bill would require employers to provide equal wages (continued from front page) if it hinders any investigation into of the bill. She said wage discrimination by the commis- that without a clear sion or attorney general by falsifying understanding of or failing to furnish related records. A comparable wages, it Class V misdemeanor carries a penalty is difficult for women of up to a $100 fine. to challenge unfair The bill also would prohibit an pay practices. employer from requiring an employee “Open and accu- to sign a waiver or nondisclosure agree- rate disclosures of ment, preventing the employee from wages would help disclosing his or her wages. put women on a An employee could file a civil more equal footing,” lawsuit against an employer if there Herres said. “When is evidence of retaliation for wage women go into ne- disclosure including, but not limited gotiations with wage Sen. said employers continue to pay to, coercion, intimidation, interfer- information, they will women considerably less than men for doing the same work. ence, discipline or threats against the be better positioned.” representing the Nebraska Chamber employee. Sarah Ann Kotchian, representing of Commerce. He said the protec- If the court finds in favor of the the Holland Children’s Movement, tions proposed under LB1014 already employee, he or she would be entitled also supported the bill. She said have been addressed through federal to any judgment awarded by the court eliminating the gender pay gap would legislation. and reasonable attorney’s fees. Ad- benefit families, who increasingly are “Compensation questions like this ditionally, the court could order rein- headed by women. are already protected at the federal lev- statement of the employee, restoration “This would provide greater and el under the National Labor Relations of lost service credit, expungement more comprehensive employee protec- Act,” Moore said. “The bill creates a of negative employment records and tions,” Kotchian said. “Eliminating new standard that is not very workable lost wages. the wage gap would provide much and could be prone for litigation and Representing the Women’s Foun- needed income to women who sustain a barrier to businesses.” dation of Lincoln and Lancaster their households.” The committee took no immediate County, Mary Herres spoke in support Opposing the bill was Scott Moore, action on the bill. 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, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018 University backers oppose funding cuts (continued from front page) other state agencies. Nebraska Uni- programs to the university’s main You can see the pain and confusion in versity accounts for roughly 13 percent campuses. students’ eyes as, with each cut, they of state budget, he said, but is being “This list I just gave you totals a realize that they are losing another asked to take approximately 34 percent little more than $9 million,” Bounds opportunity.” of the total cuts in state spending. said. “We would still have more than Tonn Ostergard, chairman and In what he called “a conversation $14 million to go and the decisions CEO of Crete Carrier Corporation about Nebraska’s future,” Bounds don’t get any easier. Today, I’m asking and past chairman of the University of said the university is essential to the you to limit future damage to your uni- Nebraska Foundation, said the univer- state’s ability to grow its way out of the versity and restore our base funding of sity does not have as much flexibility current economic downturn through $580 million to FY2018-19.” as the public believes when it comes workforce development, research and Among over a dozen student tes- to funding options. educational opportunity. Overall, he tifiers was Carlo Eby, University of For example, he said, 99 percent said, the university offers the state a Nebraska at Omaha student body of the funds in the university’s $1.7 return of $6 dollars for every dollar president. As the son and grandson of billion endowment are restricted and invested in the institution, which he house painters, Eby said he was one can be used only for specified expen- said no other state agency can match. ditures. “In my view, we are at a defining “It’s not a piggy bank that we can moment and we have a choice to “Today I’m asking you tap into and use,” Ostergard said, make,” Bounds said. “Are we going to limit future damage adding that successful organizations to reaffirm the partnership between make strategic investments even dur- the state and its public university that to your university ing difficult economic times. has opened the door of opportunity Rich Herink, representing the Ne- to young people and driven economic and restore our base braska Chamber of Commerce and growth for almost 150 years, or will funding ...” Industry, said that the organization you decide that you no longer see the supports “less drastic” cuts to the uni- value that the University of Nebraska versity. The chamber surveys its mem- provides?” — Hank Bounds, bers each year about their concerns, The administration already has university president he said, and last fall 80 percent of outlined potential cuts that Bounds respondents listed workforce develop- said would impact areas across the of approximately 44 percent of UNO ment as the number one issue facing university spectrum. Proposed recom- students who are the first in their their businesses and communities. mendations include eliminating the families to attend college. “That’s the sixth year in a row geography, art history and electronics Eby said that as a finance major [that] workforce is the number one is- engineering degree programs in Lin- and fiscal conservative, he under- sue that’s holding back companies in coln, closing the Haskell Agricultural stands the need for efficiencies in Nebraska from growing,” Herink said, Research and Extension Center in budgeting. However, he said, the state and university graduates are essential Concord, closing the dental hygiene is in danger of going too far and plac- to strengthening that resource. program in Gering and Scottsbluff, ing an affordable university education No one testified in support of the eliminating some staffing and faculty out of reach for students like him. Eby proposed budget cuts and the com- positions at the University of Nebras- urged senators to consider the impact mittee took no immediate action. g ka Medical Center and eliminating on other first-generation students. the men’s baseball, tennis and golf “They have faces; they have names; programs at the Kearney campus. they have aspirations,” Eby said. “As Bounds said the cuts reflect either their elected representative, it’s hard programs that are considered “low for me share with them the kind of yield” or are a retreat of satellite reductions that are being rolled out.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 12 - 15, 2018

Senators voted 48-0 to adopt an Ap- levy. The threshold amount would be propriations Committee amendment determined using valuations for the clarifying that the commission could year in which the correctional institu- hire a licensed architect or engineer tion incident occurred. Alternative contracting methods to assist with the development of Costs of prosecution would in- for state parks projects advanced requests for proposals, the evaluation clude, but would not be limited to, of proposals and evaluation of the the costs of defense for indigent de- Lawmakers gave first-round ap- construction. It also would leave the fendants, such as attorney and expert proval Feb. 13 to a bill that would intellectual property contained in a witness fees. authorize the state Game and Parks proposal in the creator’s possession Watermeier said the threshold Commission to use alternative con- if it is not selected and if the creator amount for Johnson County, which tracting methods for public projects does accept a stipend offered by the includes the Tecumseh State Correc- in the state park system. commission. tional Institution, is approximately LB775, introduced by Gering After Omaha Sen. $250,000. Sen. , filed several motions in order to ex- “Everyone is aware of the Mother’s would authorize tend debate on the bill, Stinner filed Day riot—as well as several other the commission a motion to invoke cloture, or cease incidents that have occurred at the to use the design- debate and vote on the bill. The mo- Tecumseh State Correctional Institu- build and construc- tion succeeded 46-1. tion and other facilities since 2015,” tion manager/gen- Senators then voted 47-1 to ad- Watermeier said, adding that the eral contractor con- vance LB775 to select file. state Department of Correctional Ser- tracting methods. Sen. John Stinner vices paid for some expenses related A design-build contract is one that Bill seeks state funds for to those events. However, he said, the is subject to a value-based selection county prosecution costs department has indicated that it will process to furnish architectural, en- not pay any additional claims. gineering and related design services The Appropriations Committee Now, he said, the county must bear as well as labor, materials, supplies, heard testimony Feb. 13 on a bill the cost of prosecuting inmates for equipment and construction services. intended to assist counties facing murders that occurred during the in- A construction manager/general costs from correctional institution cident. While the public defender and contractor contract is one that is sub- incidents. the Nebraska Commission on Public ject to a qualification-based selection LB861, introduced by Syracuse Advocacy will assist with the costs, he process to furnish preconstruction ser- Sen. Dan Watermeier, would require said, the county will be required to vices during the design development the state to pay hire additional attorneys to represent phase of the project and—if a satisfac- a county’s pros- numerous co-defendants. tory agreement can be reached—con- ecution costs that “Counties cannot fail to prosecute struction services. arise from a single a murder just to save the money,” Stinner said public schools, cities, correctional insti- Watermeier said. “To require Johnson villages, state and community colleges tution incident— County residents to pay more than and the state Department of Transpor- defined as one in $225,000 per incident, to defend in- tation already are authorized to use which a crime is Sen. Dan Watermeier mates who are not from their county, those methods, which help agencies allegedly committed by one or more does not seem fair and should be the to more quickly and efficiently build inmates confined in a state correc- responsibility of the state.” projects, saving the state money. tional institution—if it exceeds the Larry Dix, representing the Nebras- “As we continue to seek higher levels threshold amount for the county. ka Association of County Officials, of efficiency within state government,” Under the bill, the threshold testified in support of the bill. The he said, “I think it’s important that we amount is the amount of property tax tax base in Johnson County is far less also provide state agencies with the revenue raised by the county from a than other counties in which state cor- full set of tools they need to improve levy of 2.5 cents per $100 of taxable rectional facilities are located, he said, efficiencies and save on state costs.” valuation of property subject to the thus the county has fewer resources.

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“This is a unique approach to com- you should get paid for it,” Walz LB998, introduced by Fremont pensating something by looking at the said. “The money is to pay providers Sen. , would create a tax levy,” Dix said. “It actually gets to for services rendered under contact, collaborative school behavioral and sort of the ability to pay and it also where payment for those services was mental health program with the goal talks about sharing of that expense.” essentially cut in half through no fault of providing each ESU with a social No opposition testimony was of- of their own but due to a mistake worker to train teachers and other fered and the committee took no made by the administration.” school personnel and to work with immediate action on LB861. Dave Merrill, executive director of parents, schools, behavioral and men- Region V Services, testified in favor tal health care providers and other re- Bill would provide $5 million of the bill. Speaking on behalf of sources to provide services to students. for disability providers the Nebraska Association of Service Walz said the bill’s primary goal is Providers, he said all of the entities to prevent violent incidents at schools The state would step in to rectify impacted have tried to act responsibly by helping students who have mental a developmental disability provider and kept providing services during a and behavioral health problems. payment gap from 2016 under a bill difficult period. LB998 would provide services to ad- heard Feb. 12 by the Appropriations For example, Merrill said Region dress those problems, she said, and it Committee. V Services was paid according to their would track resources in communities Fremont Sen. Lynn Walz, sponsor contract for the first three months of across the state, giving the Legislature of LB864, said the 2016, and then given the choice of more information on where additional bill would rectify a signing an amended contract or facing support might be needed. billing error made the possibility of not being paid at all. “If we can prevent, identify and by the state Depart- The organization had to find ways treat problems at an early age,” Walz ment of Health and to address a $200,000 per month said, “we will not only see a differ- Human Services’ shortfall until the new waiver was ence in their childhood but for years division of develop- implemented, he said. Other develop- to come as they grow into productive mental disabilities. Sen. Lynne Walz mental disability providers like Region adults in our society.” The federal Centers for Medicare and V are hoping that the state can rectify The program would be a collabora- Medicaid discovered that DHHS was the situation with LB864, he said. tion between the ESU Coordinating paying providers for habilitative ser- “The one-time payment will allow Council, the ESUs and the school vices on weekends and holidays in an us to cash flow things to try to stabilize districts within each ESU. Social work- unapproved manner, she said. the [developmental disability] system ers hired under the program could As a result, she said, developmental as we move to a new funding system,” use screening and assessment tools to disability providers were asked to sign Merrill said. identify students in need of services new contracts to perform the same ser- No one testified in opposition and and assist in matching students with vices that did not include payment for the committee took no immediate ac- appropriate health care providers. the federal portion of their reimburse- tion on the bill. The ESU Coordinating Council ment. The Legislature allocated funds would solicit annual program plans in last year’s budget bill to fill the gap, from each ESU, identify evidence- she said, but a delay in implementa- based best practices in interventions for tion of the state’s new federal waiver students, coordinate training for social meant that several providers were not workers and other school personnel made whole. and complete annual evaluations of Social worker proposed for The bill would authorize $5.4 mil- each program. It also would create and each educational service unit lion in general funds in fiscal year maintain a statewide map of behavioral 2017-18 to DHHS as state aid for Each of the state’s 17 educational and mental health services. services rendered after Oct. 1, 2016, service units would hire a social worker Walz said the program would cost for which no federal funds were used to aid students with behavioral or men- approximately $1.2 million per year, to pay providers. tal health problems under a bill heard and she has found private donors to “To me, if you provided a service, by the Education Committee Feb. 12. fund it for the first three years.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 12 - 15, 2018

After that, each ESU would deter- School personnel often cannot refer fied as exhibiting characteristics of mine the program’s cost in its service students to mental health services sim- dyslexia with evidence-based literacy area. If the ESU decides to continue, ply because they are not aware of what instruction using a multisensory ap- the program’s cost would be shared by resources are available, Barrett said, proach. A technical assistance docu- the ESU, school districts within the and most do not have the time and ment created and distributed by the ESU, state general funds and private resources needed to apply for mental state Department of Education would donations. The program would end if its and behavioral health grant programs. provide guidance on that instruction. costs exceed the ESU’s available funds. “I think using ESUs as a part of The document also would provide David Ludwig, executive director of this is a good idea because, as ESUs, information on dyslexia’s character- the ESU Coordinating Council, testi- we are charged with knowing our istics, its associated conditions and fied in support of the bill. He said the school districts,” she said. “We have indicators and the screening, evalua- program would help ESUs and school relationships with them—we are in tion, instruction and intervention for districts identify gaps or overlaps in them every day.” dyslexia. It would be distributed to all behavioral and mental health services Mike Waters, Crete Public Schools school districts, educational service to ensure that all Nebraska students superintendent, also testified in sup- units and teacher education programs have equitable access to those services. port of the bill. He said Crete, Norris in the state to promote awareness of “Right now, we don’t have the School District and Wilber-Claytonia dyslexia. capacity to do that because we don’t Public Schools have hired a school Pansing Brooks said she learned have social workers within every ESU,” psychiatrist who spends up to two days that the department already had writ- Ludwig said. per week at each school to provide in- ten such a document while visiting Also testifying in support was tensive services to students with severe schools around the state with Elkhorn Debra Anderson Pappas, senior direc- mental health problems. The psychia- Sen. as part of a tor of early intervention and training trist serves 19 students at Crete—with 2017 interim study to examine read- at Project Harmony, a child advocacy at least 10 more on a waiting list—and ing, literacy and dyslexia. However, center in Omaha. She said Project each student can wait up to three weeks most teachers and administrators did Harmony’s Connections program, for a one-on-one visit, Waters said. not even know that the document which identifies children in need of “There’s such a need that it’s existed, she said. mental health services and matches actually above and beyond what one During their tour, Pansing Brooks them with appropriate services, has person can handle,” he said. said, they saw many teachers using helped 3,000 students in the Bellevue, No one testified in opposition to visual, auditory and tactile methods Millard, Omaha and Papillion school the bill, and the committee took no to teach reading, but teachers con- districts since it began in 2015. immediate action on it. sistently reported that they were not “I urge you to support LB998, properly trained in how to recognize as this bill would put school social Special instruction for dyslexia and provide evidence-based workers in each ESU to do what we dyslexic students proposed interventions. Many held misconcep- do,” Anderson Pappas said, “which is tions about the condition or were to help families access mental health The Education Committee heard reluctant even to talk about it. services, to help schools know how to testimony Feb. 13 on a bill that would “There were a few teachers who still address behavioral health needs and to require Nebraska schools to provide thought dyslexia required a medical help identify and train mental health special reading instruction for stu- diagnosis,” Pansing Brooks said. “It professional who can best serve them.” dents with dyslexia beginning this fall. does not.” Laura Barrett, special services di- LB1052, in- LB1052 would prohibit school rector for ESU 13 in Scottsbluff, also troduced by Lin- districts from requiring a student who testified in support. She said ESU 13 coln Sen. Patty exhibits characteristics of dyslexia to currently provides school psychologists Pansing Brooks, obtain a medical diagnosis to receive and a mental health practitioner to would require interventions. students, but a social worker would schools to pro- The bill also would require that help connect more families with men- vide students each teacher education program ap- tal health resources. who are identi- Sen. Patty Pansing Brooks proved by the State Board of Educa-

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018 tion include dyslexia instruction in its instruction as well as interventions for ated by DHHS or the court system. Of initial program course requirements reading disabilities, including dyslexia. those cases, she said, 27 occurred while beginning in July 2019. “This focus on the development the child was in state care. Maddie Fennell, executive director of skills of teachers—as well as those In light of those findings, she said, of the Nebraska State Education Asso- preservice teachers who are coming the inspector general recommended ciation, testified in support of the bill. into our profession—is something that that the department create a system to Fennell said she and her colleagues we’re very excited about supporting collect and review information about did not know about the department’s across the state,” she said. allegations of sexual abuse of children technical assistance document for dys- No one testified in opposition to served by the state. lexia until Pansing Brooks brought it the bill, and the committee took no Crawford said DHHS rejected the to their attention. immediate action on it. recommendation, claiming it already “LB1052 highlights this document has an intake system that collects the and puts it to good use,” she said. “We information in question. However, believe this could be an important DHHS could not immediately provide resource for teachers, but they first that information when asked for it by need to know about it.” the inspector general, she said, adding NSEA supports mandating dyslexia Increased legislative oversight that it is not a data point that is being training in teacher education, Fennell of DHHS sought properly collected and analyzed. added. “That means there is no quick and “Every teacher will likely have a The Executive Board considered efficient way to pull information on student with dyslexia in their career,” two measures Feb. 12 that would in- the number of sexual abuse allega- she said, “and teachers need to know crease the level of legislative oversight tions made in a certain time period how to help these students.” of the state Department of Health and involving children in the state’s care,” David Holtzclaw of Omaha, who Human Services regarding children in Crawford said. said he was not diagnosed with dys- the state’s child welfare and juvenile LB1078 also would require that the lexia until his freshman year of college, justice systems. annual report of the DHHS division of also testified in support of the bill. His Currently, all cases of death or seri- children and family services include the son Christopher also is dyslexic, but ous injury of a child in a foster home, number of sexual abuse allegations that Holtzclaw said Christopher’s teachers private agency, child care facility or occurred among children being served did not know how to identify or ad- other program licensed by DHHS by the division and those placed at a dress his disability. must be reported to, and investigated residential child-caring agency, along “While it may not be surprising to by, the office of the inspector general with the number of corresponding: this committee that my K-12 teachers of Nebraska child welfare. • screening decision occurrences back in the 1980s didn’t recognize LB1078, introduced by Bellevue by category; dyslexia, the sad part is that the Sen. , • open investigations by cat- same is true today,” Holtzclaw said. would add to that egory; and “Thirty years later, literally nothing requirement all al- • agency substantiations, court has changed.” legations of sexual substantiations and court-pend- He said he supports LB1052 be- abuse of a state ing status cases. cause it would provide teachers with ward or a juvenile Julie Rogers, inspector general of the training they need to recognize on probation, in a Nebraska child welfare, testified in and address dyslexia. detention facility Sen. Sue Crawford support of the bill, saying it would in- Also testifying in support was Ellen or residential child-caring agency. crease transparency and accountability Stokebrand, director of special educa- Crawford said the bill was in re- regarding allegations of sexual abuse tion for ESU 4 in Auburn. An adjunct sponse to a 2017 inspector general of children in state care. She said her faculty member in Peru State College’s report that found 50 cases of child office’s recommendation to DHHS teacher education program, Stoke- sexual abuse of children served by regarding tracking sexual abuse allega- brand said the bill would prioritize Nebraska’s child welfare and juvenile tions would allow the state to monitor professional development in reading justice programs that were substanti- the issue, analyze trends and suggest

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 12 - 15, 2018 system improvements. The 50 cases • chairperson of the state child Matt Wallen, director of the DHHS outlined in the report were not dis- and maternal death review team; division of children and family services, covered by the department, she said. • executive director of the Foster opposed the bill. The department cur- “We had not received notice about Care Review Office; rently submits over 30 quarterly and the majority of these allegations through • inspector general of Nebraska annual reports to the Legislature, he complaints or critical incident reports,” child welfare; said, and is subject to ongoing oversight Rogers said. “Instead, we discovered • state court administrator; by the federal government as well as the victims by individually combing through • chairperson of the Legislature’s Legislature’s Health and Human Ser- 971 reports to the Nebraska Child Health and Human Services vices and Appropriations committees. Abuse and Neglect hotline.” Committee; In addition, he said, DHHS has Juliet Summers of Voices for Chil- • chairperson of the Legislature’s fully implemented more than 20 of dren in Nebraska also supported the Judiciary Committee; and the recommendations made by the bill. Half of the children whose cases • three members of the Legisla- inspector general’s office and is work- were outlined in the inspector gen- ture appointed by the Executive ing on several others. eral’s report were abused by caregivers, Board of the Legislative Council. “It is unclear why additional legisla- she said, and that number is “almost The committee would be tasked tive oversight is needed,” Wallen said. certainly an underrepresentation,” with studying child deaths and abuse The board advanced LB1078 to because child sexual abuse in general reports alleging harm to children in general file on a 6-0 vote and took no is underreported. the care of DHHS and actions taken immediate action on LR288. “[The bill] would ensure that alle- in response to those allegations. It gations of sexual abuse of children in also would examine the policies and care continue to be investigated and procedures in place to ensure that the reported to the Legislature for appro- backgrounds of staff, parents, foster priate further action,” Summers said. parents, kinship placements, guardians Also considered was LR288, spon- and other caregivers are sufficiently sored by Lincoln Sen. , which screened for any history of abuse. Changes to initiative petition would create the The committee would study staff process, recall elections Nebraska Child training policies to assess and miti- proposed Welfare Death gate risks for abuse and the status of and Abuse Special recommendations made by the office The Government, Military and Oversight Com- of inspector general of Nebraska child Veterans Affairs Committee heard mittee. She said welfare. A report on these findings testimony Feb. 14 on a bill that would the proposal also would be due to the Legislature by make several changes to laws govern- Sen. Kate Bolz was in response to Dec. 15, 2018. The committee would ing initiative petitions and recall elec- the inspector general’s report. continue its work until the beginning tions, as well as close a loophole that An oversight committee could of the next legislative session. prevents some 18-year-olds from voting bring together stakeholders and be a Sarah Helvey of Nebraska Apple- in special elections. catalyst for change, Bolz said. There seed testified in support of LR288, Sen. John Murante of Gretna, spon- are a number of legal requirements— saying it would bring together expertise sor of LB1068, said including maximum caseloads—that from several areas and establish a help- he introduced the the department currently is not abid- ful structure within which the Legisla- bill on behalf of Ne- ing by, she said. ture could study the issues of abuse and braska Secretary of “These are complex areas of law injury to children in state care. State John Gale to that aren’t working as they should “The response in Nebraska to [these make several chang- and deserve a response for the safety serious incidents] as investigated by es and clarifications and well-being of our kids,” Bolz said. the inspector general has not, to date, to state election law. Sen. John Murante The committee would consist of included comprehensive efforts to cor- Murante said that one of the most the following individuals or his or rect inadequate procedures and policies important changes would close a her designee: identified in the system,” Helvey said. loophole in current law that prevents a

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018

Nebraska resident who turns 18 on or be filed with the secretary of state, who sioner Michelle Andahl, who also before the day of a special election in then transmits it to the revisor of stat- testified in support of the bill, said the the month of January in an even-num- utes to review. The secretary of state current law on how those changes are bered year and in January, November provides the results of the review and requested is vague and does not clarify and December in an odd-numbered the suggested changes to the sponsor what documents or steps the political year from registering to vote in those but otherwise keeps them confidential subdivision has taken to warrant chang- elections. Under LB1068, those resi- for five days. LB1068 would make both ing the boundaries. She said the lack dents could cast a provisional ballot if the proposed measure and the review of clarity has caused problems for some they complete and sign a registration confidential. cities in Sarpy County that are trying application before voting. Bena said current law allows oppo- to annex other cities or asking to have LB1068 also would clarify what in- nents of a measure to see its contents their election boundaries changed. formation on the state’s voter registra- before the initiative’s sponsor can see if “The amended language removes tion list may be made public. The bill the revisor found any problems with it. the burden of interpretation by elec- would require the secretary of state, LB1068 also would require the tion officials in political subdivisions,” election commissioner or county clerk sponsors of initiative petitions to sign Andahl said, “along with removing the to withhold from a list of registered an affidavit certifying that the petitions chance of unintentional inequitable voters any information that is desig- have at least the number of signatures treatment from case to case.” nated as confidential. The registrant’s necessary to place the issue on the bal- Finally, LB1068 would extend the name, address, phone number, date of lot if each signature were to be verified. window during which the governing birth, voting precinct and party affili- If the total number of signatures is too body of a political subdivision may or- ation, and certain other information low, whether or not they are valid, the der a recall election. Under current law, would not be confidential. sponsors would be liable for the cost the election may be held not less than Wayne Bena, deputy secretary of to the state and the counties of the 30 days nor more than 75 days after state for elections, testified in support signature verification process. the notification of the official whose of the bill. He said the need for that Douglas County Election Commis- removal is sought. The bill would clarification became apparent after nu- sioner Brian Kruse, who testified in change the requirement to not less than merous requests for access to the state’s support of the bill, said that the county 50 days nor more than 80 days. voter registration list by the Trump spent more than 3,200 hours and more No one testified in opposition to administration’s Presidential Advisory than $37,000 in 2016 verifying signa- the bill, and the committee took no Commission on Election Integrity. tures on two petitions that did not have immediate action on it. “Many of the things that the com- the minimum number of signatures. mission was requesting would never “This was a true waste of taxpayer have been given out in a public records resources,” he said. request anyway,” Bena said, “but there In another cost-saving measure, the was nothing that we could show right bill would allow the secretary of state off the bat to prove this.” to instruct election commissioners LB1068 also would specifically name and county clerks to stop verifying Bill seeks to curb teen indoor the secretary of state—in addition to elec- signatures if the counties report that tanning tion commissioners and county clerks— they have verified signatures in excess as an official who may make copies of of 110 percent of the number neces- Lawmakers began debate Feb. 15 voter registration lists or provide them sary to place the issue on the ballot. on a bill that would prohibit Nebraska to the public. Additionally, any person Additionally, LB1068 would require tanning facilities from allowing people who acquires a list of registered voters the governing board of any political younger than 18 to use tanning equip- would be required to provide his or her subdivision requesting the adjustment ment. name, address, campaign committee of election district boundaries to In 2014, the Legislature outlawed or organization name and a statement provide written notice and a revised the use of tanning equipment—which regarding the purpose of the list. boundary map that has been approved includes sun lamps, tanning booths Currently, the text of a proposed by the subdivision’s governing board. and tanning beds—in indoor tanning initiative or referendum petition must Sarpy County Election Commis- facilities by people younger than 16.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 12 - 15, 2018

An exception exists if a parent or legal parental consent because of the dan- proceedings could guardian signs a statement before each gers those products pose, he said, and be initiated if he use indicating an understanding of indoor tanning should be treated the or she believes the the warnings provided by the facility same way—as a public health concern. person may cause and consenting to the minor’s use of “Even with the current parental harm. tanning equipment. permission requirement, parents may McDonnell said LB838 would raise the age to 18 not be fully aware of the dangers of the bill would help and remove the exception for parental indoor tanning,” Kolowski said. avoid the criminal- Sen. Mike McDonnell permission. Sen. Bob Krist of Omaha opposed ization of mental illness and allow for The bill would not apply to a the bill, saying it may not accomplish a smarter, more responsive solution to licensed physician who uses photo- its intended purpose and would limit an already emotional situation. therapy in the practice of medicine. parental authority. He said a group of “Having a police officer arrive at an Phototherapy is defined as the use of young people in Omaha recently took already stressful situation, handcuff equipment that emits ultraviolet radia- a discarded tanning bed and severely the person and transport them to a tion for the diagnosis or treatment of harmed themselves by using it without secure facility can make a situation disease or injury. any supervision because their parents even more traumatic,” McDonnell Lincoln Sen. , spon- would not sign the consent required said. “If we can improve the process in sor of LB838, said under current law. just a few cases, it would be worth it.” it is time for the Rather than restrict young people Levi Mohr, representing the Men- Legislature to re- further, he said, the Legislature should tal Health Action Team of Omaha visit the issue. Evi- concentrate on making sure that cur- Together One Community, spoke in dence continues to rent law is being followed. favor of the bill. Mental health practi- mount regarding “I want anybody who wants to go to tioners currently can do only so much the danger of in- a tanning bed [to] go to a tanning bed to help people in crisis, he said. door tanning, she Sen. Anna Wishart in a safe condition that’s regulated,” “We have had patients who we felt said, including new research showing Krist said. “This bill takes out all pa- were in the middle of a suicidal or that the use of tanning beds before rental rights.” homicidal crisis, but our pathways to the age of 35 increases the risk of The Legislature moved on to an- care were limited,” Mohr said. “This melanoma by 75 percent. other item on the agenda without tool would be an excellent way to The 2014 law likely has saved lives, taking any action on LB838. advocate for our patients. she said, but is inadequate. Also supporting the measure was “Science tells us that youth have Marilyn Rhoten, vice president of a diminished capacity to understand behavioral health services for CHI and weigh long-term consequences Health. Most emergency protective before taking action,” Wishart said. custody cases likely would still require “This session we can be leaders in law enforcement engagement, she Bill would expand authority for reducing rates of skin cancer by im- said, but there may be instances where mental health professionals posing similar restrictions to those we it is not necessary or helpful. have on tobacco products.” Mental health professionals would “Having trained mental health Omaha Sen. , a have the same authority as law enforce- practitioners involved earlier in the former high school principal, spoke ment to place people in emergency process will improve outcomes,” Rho- in support of the bill. He recalled protective custody under a bill heard ten said. “We appreciate that many law the intense peer pressure exerted on by the Judiciary Committee Feb. 14. enforcement agencies are pursuing teens—especially cheerleaders and Under LB964, introduced by Oma- additional crisis response training, dance team members—to use tanning ha Sen. Mike McDonnell, a mental but we already ask a lot of our officers beds. That activity certainly has result- health professional could take a men- every day.” ed in negative health impacts, he said. tally ill and dangerous person or a dan- Opposing the bill was Melissa Lem- The state does not allow minors gerous sex offender into emergency mer, representing the Mental Health to purchase alcohol or cigarettes with protective custody until commitment Association of Nebraska. Knowing

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018 that a therapist could initiate the “I bring this bill to you with the Bolz offered a second amendment emergency protective custody process intention of working to represent that would change the time frame for would do considerable damage to the people who have not only been victims termination to no sooner than 30 days trust necessary in a therapy environ- of crimes, but are being economically and no later than 45 days. ment, she said. abused and manipulated,” she said. The tenant would be liable for pay- “Just knowing that our provider Before seeking release from a rental ment of rent for the month in which could potentially take us into custody agreement, the tenant seeking termi- the agreement is terminated. could change our therapeutic relation- nation would be required to obtain Any person who seeks release from ship,” Lemmer said. “Public safety and provide proof of a protective or a rental agreement under LB992 as a is the job of law enforcement, but restraining order against the alleged victim of domestic violence would not mental health providers are supposed perpetrator or seek assistance from a be liable for rent or damages incurred to create a safe environment for us to qualified third party. after the release date, subject to any heal and grow.” The bill defines a qualified third termination fee and would be entitled The committee took no immediate party as a law enforcement officer, phy- to any rental deposit or prepaid rent. action on the bill. sician, psychologist, physician assistant, Additionally, the bill would allow nurse, nurse aide or other medical, landlords to terminate a rental agree- Early termination of rental developmental disability or mental ment of a tenant that commits an agreements proposed for health professional, state Department act of domestic violence. If evicted victims of Health and Human Services employ- or removed from a rental agreement, ee or an employee of an organization a perpetrator would be liable for all The Judiciary Committee heard providing services to domestic violence amounts due under the agreement. testimony Feb. 15 on a bill that would victims in conjunction with or at the Any person remaining in the rental allow the termination of a rental agree- direction of the department. unit could execute a new rental agree- ment in cases of domestic violence or An amendment offered by Bolz ment for the remainder of the original abuse. would narrow the qualifying medical lease term. Under LB992, introduced by professionals to include only physi- The landlord could require any re- Lincoln Sen. Kate Bolz, a tenant or cians and psychologists. maining tenant or occupant to agree, household mem- The tenant would be required to in writing, to prohibit the tenant ber could obtain sign and submit a report about the who perpetrated the act of domestic release from a alleged incident including the date, violence onto the premises and to rental agreement time, location, the perpetrator’s iden- promptly report the perpetrator’s if they are a vic- tity and a brief description of the in- presence to law enforcement or the tim of domestic cident. The qualified third party then landlord. Violation of this provision violence, sexual would provide a signed confirmation would be cause for termination of the assault, domestic Sen. Kate Bolz document to the victim, consisting of rental agreement. assault, stalking, human trafficking, a copy of the report with the alleged Robert Sanford, representing the neglect, or exploitation of a vulnerable perpetrator’s name redacted. Nebraska Coalition to End Sexual or senior adult. To seek official release, the tenant and Domestic Violence, supported Bolz said that 1 in 4 women will would be required to provide to the the bill. He said there are only limited experience some form of domestic landlord a copy of the protective order protections currently in place for vic- violence in her lifetime. Victims must or the confirmation document. Addi- tims of domestic violence living under be able to safely remove themselves tionally, notice to the landlord would private rental agreements. from violent or abusive situations, include the names of any household “Housing needs are a key con- she said, without facing the financial members to be released and the date sideration for victims working on a repercussions from early termination upon which the rental agreement safety plan,” Sanford said. “This is penalties. would terminate—no sooner than 14 a small enhancement to our current The bill would address a problem days and no later than 30 days upon law that offers significant options to experienced personally by a constitu- delivery of the order or confirmation victims that few of us have ever had ent, Bolz said. document. to consider.”

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 12 - 15, 2018

While supportive of the concept more than that 25 percent pet deposit its political subdivision at least 30 days behind the bill, Gene Eckel of the submitted by the tenant,” he said. before entering into the agreement. Nebraska Association of Commercial Rebecca Dostal, a law student Vargas said agencies that enter Property Owners opposed parts of the living in Lincoln, opposed the bill. into such agreements take on costly bill that could be open to exploitation. Under current state law, a landlord additional work and reporting that “[The bill] doesn’t indicate whether does not have to return a security de- traditionally would be paid for by the a tenant needs a temporary or perma- posit to a tenant at the end of a rental federal government. Local political sub- nent protection order,” he said. “Can agreement unless a tenant demands it, divisions also would be liable for any a tenant terminate a lease, go to an- unbeknownst to most renters. civil rights violations that could arise other property and then use the same LB1039 simply would add to this from enforcement practices, he said. protection order to terminate again, financial burden for many people, An enforcement agreement cost even if there’s no imminent threat?” she said. Alamance County in North Carolina The committee took no immediate “We’re allowing landlords to hold $4.8 million in just one year, Vargas action on the bill. and potentially keep an amount equal said, while Prince William County to a month’s rent until a tenant de- in Virginia spent $5 million more Increased pet deposit proposed mands that it be returned,” Dostal than anticipated in the first year of said. its agreement. Renters could be required to pay The committee took no immediate “Taxpayers have a right to know more to own pets under a bill dis- action on the bill. how their tax dollars are being spent cussed by the Judiciary Committee and if they’re being spent responsibly,” Feb. 15. Transparency proposed for Vargas said. “Taxpayers should have Currently, landlords who require immigration enforcement the opportunity to have a voice in the a pet security de- process.” posit can charge Public notification would be re- The subdivision would be required up to 25 percent quired before local law enforcement to include the notice on the agenda of one month’s agencies could accept immigration for its next regularly scheduled public rent. LB1039, in- enforcement responsibilities under a meeting to accept community feedback. troduced by Elk- bill discussed by the Judiciary Com- Any agreement entered into by the horn Sen. Lou Ann mittee Feb. 14. Nebraska State Patrol also must be Linehan, would in- Sen. Lou Ann Linehan The director of U.S. Immigration reported to the Legislature’s Judiciary crease this amount to 100 percent. and Customs Enhancement currently Committee and the Nebraska Com- Linehan said as a pet owner she has can delegate immigration enforce- mission on Law Enforcement and firsthand experience with the damage ment functions to state and local law Criminal Justice. a puppy or untrained dog can inflict enforcement officers who receive ap- Within 60 days of entering into an on an apartment or house. propriate training and operate under agreement, the agency or jail would “It seems to me that if a landlord is the supervision of ICE officers. be required to provide a report to the willing to rent to someone with a pet, LB1082, introduced by Omaha commission including a written copy it’s reasonable to charge a deposit that Sen. , of the agreement, notice to the politi- is enough to cover the damage that would require a cal subdivision’s governing body and may be caused by that pet,” she said. law enforcement all records of public meetings held by Supporting the measure was Gene agency or jail that the political subdivision about the Eckel, representing the Nebraska Asso- enters into such agreement including any exhibits, ciation of Commercial Property Own- an agreement with testimony transcripts, statements ers. He said the increased pet deposit any other public made by governing board members or would cover most, if not all, costs a agency to investi- Sen. Tony Vargas recorded votes by members. landlord would encounter when a cat gate, interrogate, detain, detect or Rose Godinez, representing the or dog does damage. arrest people for immigration enforce- ACLU of Nebraska, spoke in support “A lot of times the amount of ment purposes to provide written of the bill. She said that communities damage caused by a pet is going to be notification to the governing body of have a right to know about issues that

PAGE 12 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018 could impact the safety of residents. If gle-family dwell- Krueger said. “However, for those a person is scared to engage with law ing. The builder of us who really want to build our enforcement because they are con- would be required own home and live sustainably, earth cerned about being deported, Godinez to obtain prior ap- friendly and without adding to the said, crimes could go unreported. proval from the landfill, it’s a very viable option.” “[The bill would not] prohibit an state Department No one testified in opposition to agency from entering into an agree- of Environmental the bill, and the committee took no ment, it merely asks us to continue Quality. Sen. immediate action on it. the proud Nebraska tradition of an Baker said he introduced the bill open and transparent government,” on behalf of a constituent, Cathy she said. Krueger, who is building a home in Latino American Commission Ex- Gage County referred to as an earth- ecutive Director Lazaro Spindola also ship, which uses earth-filled scrap tires supported the measure. Preserving as building blocks for walls. trust between members of the com- Current law permits the use of OPS retirement funding munity and law enforcement must be scrap tires if they are processed into options proposed the priority, he said. material for artificial turf, playground “There needs to be transparency surfaces and residential and garden The Legislature’s Nebraska Retire- as to why decisions are made,” Spin- applications, among other uses, Baker ment Systems Committee heard two dola said. “The more transparent you said. However, the DEQ approached proposals Feb. 14 to deal with funding are, the more you gain the trust of Krueger during construction of her shortfalls in the Omaha school retire- citizens.” home and informed her that the law ment system. Opposing the bill was Omaha does not permit the use of tires in Two amendments were proposed resident Larry Storer. He said the bill building construction. to LB548, a bill introduced last ses- would impede the lawful enforcement After taking into account the signif- sion by Omaha Sen. of federal immigration laws. icant investment Krueger had made in that would have “We enforce the laws according her home, Baker said, the department consolidated the to our Constitution,” Storer said. “If allowed a one-time exception. LB908 Class V (Omaha) you don’t want to do that, you should would ensure that future builders of School Employees probably get out of office.” earthships comply with state law. Retirement System The committee took no immediate Krueger testified in support of (OSERS) with the action on the bill. the bill, saying that she was surprised School Employees when the tires became an issue be- Retirement Plan. Sen. Brett Lindstrom cause no one voiced concern when Lindstrom proposed an amend- she submitted her plans and bought ment this session, AM1529, that her building permit. instead would expand the bonding “I thought everybody would be ex- power of school districts in Nebraska Approval of scrap tires for cited that I’m recycling and not adding to include bonds to address retire- home building requested to the landfill,” she said. ment system pension obligations in an Earthships have been built for the amount determined by an actuary. A Scrap tires could be used to build past 20 years in every climate from bond could be authorized by a major- walls in single-family houses under a Canada to Indonesia, Krueger said. ity vote of the entire school board or bill heard by the Natural Resources The houses are designed to use as board of education and would not be Committee Feb. 15. many recycled materials as possible, subject to voter approval. LB908, introduced by Lincoln she said, and they use passive solar Lindstrom said the bonds would Sen. Roy Baker, would modify state heating and geothermal cooling to be inside the $1.05 levy limit, so they law so that tires could be used in a reduce reliance on fossil fuels. would not result in increased taxpayer building system and filled with earth “This will never be a mainstream obligations. In addition, he said, au- as permanent forms for walls in a sin- building material, and I realize that,” thorizing pension bonds now would

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 12 - 15, 2018 allow Omaha Public Schools to take “Our job is to try to find the best OSERS executive director Cecelia advantage of current interest rates. solutions possible for our students, for Carter supported the proposal. The Currently, he said, OPS faces actu- our employees, for our retirees and for amendment would provide a defined arially required contribution (ARC) our taxpayers,” Snow said. funding date for any future ARC payments to the OSERS plan on an Randy Gerke, director of the Ne- payments and makes other needed annual basis to address the system’s braska Public Employees Retirement changes, she said. unfunded liability. These payments System (NPERS), testified in opposition “This amendment provides—to the are in addition to the statutorily re- to a provision in the amendment that existing and future OPS executive and quired 101 percent contribution rate, would require the Public Employees finance staff and board of education he said, and are difficult to budget for Retirement Board (PERB) to perform an members—clear and precise proce- because they change on a yearly basis. actuarial valuation of the OSERS plan dures, timelines and consequences Lowering those ARC payments in every five years, beginning Jan. 1, 2023. with respect to the annual payment the short-term would produce millions The study would determine whether an of any [ARC] payment,” Carter said. in long-term savings for Omaha taxpay- ARC payment is necessary to maintain David Kramer, OPS outside coun- ers, Lindstrom said, and allow OPS to the system’s solvency. sel, opposed a provision in the Kolt- schedule predictable yearly payments. Gerke said he did not believe that erman amendment requiring that an “I believe my amendment provides PERB has the authority to administer ARC payment be made by a board of a sensible and fiscally responsible to the OSERS plan, nor does it have education within 45 days of receiving solution for OPS to re-structure exist- a mechanism to pay for the study. In written notification. ing debt into a more manageable and addition, he said, the NPERS and “That is not always easy, even for affordable payment method,” he said. OSERS plans operate according to a school district as large as Omaha OPS board member Lou Ann different assumptions. Public Schools is,” he said. Goding supported the amendment, Lindstrom said he would be willing Kramer also expressed concern that saying the board is working hard to find to remove that provision. the amendment has the potential to give a solution to the retirement system’s Also considered was an amend- the unelected OSERS board the ability unfunded liability. The system required ment offered by Seward Sen. Mark to manipulate the assumptions that are a $12.8 million ARC payment in 2017, Kolterman, AM1758, which would used to calculate the ARC, ultimately she said, and the total unfunded liabil- withhold from OPS all state aid giving them the ability to move taxpayer ity over 30 years could total roughly certified through the school funding dollars into the retirement system. $880 million if nothing changes. formula unless the district certified The committee took no immediate “The OPS board understands that that it has paid any required ARC in action on either amendment. the unfunded liability is our obligation. full by Aug. 31 each year. We understand that these ARC pay- The amendment also would update ments must be paid, and they will be mortality tables and clarify retirement paid,” Goding said, adding that an infu- plan practices not specified currently sion of approximately $200 million in in state law. capital through a pension bond would Kolterman, chairperson of the Bills would increase taxes on lessen the likelihood of future ARC Nebraska Retirement Systems Commit- tobacco, cap taxes on cigars payments—at least in the short term. tee, said that while OPS has expressed OPS board president Marque Snow intent to make their full ARC payments The Revenue Committee heard also testified in support. He said the every year, his amendment would pro- testimony Feb. 15 on a bill that would board is looking at ways to cut $16 vide an additional assurance. raise taxes on ciga- million from this year’s budget “from “At the present time, neither the rettes by $1.50 per as far away from the classroom as pos- state nor [the committee] has an pack and another sible” in order to cover the 2018 ARC enforcement mechanism to ensure that would limit payment. The board also is examining compliance with the funding com- the tax on cigars. structural changes that would lower mitment,” he said. “If the full ARC LB1117, intro- the retirement system’s unfunded li- payment is made each year, on time, duced by Sen. Sue ability in the long term, he said. the mechanism is never triggered.” Crawford of Bel- Sen. Sue Crawford

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018 levue, would increase the tax on a of the bill. According to the U.S. sur- taxes. Increasing the state tobacco tax pack of cigarettes from $0.64 to $2.14 geon general, he said, increasing the only would drive more people to buy and the tax on snuff from $0.44 per price on cigarettes is one of the most online, Doll said. ounce to $1 per ounce. The tax on all effective tobacco control interven- “You won’t get any more tax [rev- other tobacco products would increase tions because it is proven to reduce enue],” he said. “You’ll probably get from 20 percent of the purchase price smoking, especially among youth and less tax from the cigar side of it.” to 45 percent. those with low incomes. If the current Under LB1087, introduced by The bill would direct the additional tobacco use pattern persists, Wiese Omaha Sen. Justin Wayne, cigars, revenue to the state’s general fund and said, 38,000 Nebraska children under cheroots and sto- increase an annual transfer to the Ne- the age of 18 will ultimately die prema- gies still would be braska Health Care Cash Fund from turely from smoking-related illnesses. taxed at 20 percent $1.25 million to $2.5 million. “A tobacco price increase simply of their purchase The state Department of Revenue saves lives,” he said. price, but the tax estimates that the bill would increase Testifying in opposition to the bill would be capped at revenue to the general fund by ap- was Scott Lautenbaugh, who spoke on 50 cents per item. proximately $93.7 million in fiscal behalf of the Nebraska Premium To- Wayne said the cap Sen. Justin Wayne year 2018-19 and a further $97.6 mil- bacco Association. He said cigars should would help Nebraska retailers better lion in FY2019-20. not be treated the same as other tobacco compete with internet sellers. Crawford said the bill would have products because they do not have the “The tax imposed when buying in two main benefits. First, raising the tax same negative health effects and do not state has gotten a little out of control,” would reduce the number of young Ne- contribute to youth smoking rates. he said. “It should be capped per unit braskans who start smoking each year, “Premium cigars are not a gateway to encourage purchasing cigars here in thereby reducing state health care costs for youth smoking,” Lautenbaugh Nebraska rather than online.” from diseases caused by tobacco use. said. “They’re already priced out of The state Department of Revenue Second, it would generate additional the market for kids.” estimates that the bill would reduce revenue the state could use to offset the Sarah Curry, policy director at excise tax revenue by approximately current budget shortfall or to replen- the Platte Institute, also testified in $239,000 in FY2018-19 and a further ish the cash reserve if the Legislature opposition to the bill, saying that the $335,000 in FY2019-20. chooses to draw from it this session. tax increase would do more harm than Phil Vanderpool, an Omaha cigar “As we enter the second consecutive good. Revenue from tobacco taxes has shop owner, testified in support of year of fiscal shortfalls, it is critical that fallen 2.1 percent per year over the the bill, saying that it would help him we consider adding additional sources of last decade, she said, making such a grow his business. revenue,” she said. “Raising our tobacco revenue source unreliable for funding “It’s going to reduce the price of our tax rate would provide an important state operations. It also would affect expensive cigars,” he said, “and hope- influx to the state’s general fund.” low income earners the most, she said. fully we can get some of our customers Fernando Wilson, a faculty mem- “Research has also found that that have gone to the internet and mail ber at the UNMC College of Public higher tobacco taxes reduce usage order houses back into our shops.” Health, testified in support of the by an insignificant amount and are Testifying in opposition to the bill bill on his own behalf. According to more likely to increase smuggling was Matt Prokop of the American the Centers for Disease Control and and [create] an illegal tobacco market Cancer Society Cancer Action Net- Prevention, Wilson said, smoking- without necessarily improving health work. He said cigars contain many of related illnesses cause 2,500 deaths outcomes,” Curry said. the same cancer-causing substances as among Nebraskans each year, and Jeff Doll, owner of Safari Cigars cigarettes and other tobacco products the state’s health care system incurs and Lounge in Omaha, also testified and are a major cause of throat, oral approximately $800 million in costs in opposition. He said 80 percent of and esophagus cancers. Eight percent from treating those illnesses annually. his customers also buy cigars from of Nebraska high school students Roger Wiese, director of the North internet sellers because they can save smoke cigars, Prokop added. Central District Health Department 30 to 50 percent after factoring in state “Capping or limiting the cigar tax in O’Neill, also testified in support excise and sales taxes, as well as local would ensure that these products stay

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 12 - 15, 2018 affordable for youth and further incen- 35 mph. Before beginning the project, the city’s responsibilities is to provide tivize dangerous and addictive tobacco the city would be required to obtain safe and reliable transportation options use by young Nebraskans,” he said. insurance coverage, a surety bond or to citizens who need access to jobs, The committee took no immediate proof of self-insurance of at least $5 education and health care services. action on either bill. million for all claims per occurrence. The pilot project proposed under Verification must be submitted to LB989 is an exciting, but logical first the state Department of Transporta- step in researching autonomous ve- tion that: hicle technology, Esposito said. • the vehicle had been tested in a “This project represents an op- controlled setting that closely re- portunity to carefully investigate and sembles real-world conditions; understand the impacts, issues, barri- Pilot project proposed for • the vehicle can operate in au- ers, benefits and challenges associated automated vehicles tonomous mode only in the with this technology,” she said. “[The designated testing area under project] is about information acquisi- Driverless cars could be traveling on the authorized environmental, tion and sharing that information city streets under a bill heard by mem- traffic and speed conditions; with other interested stakeholders.” bers of the Transportation and Telecom- • the testing complies with all ap- Also supporting the bill was Bruce munications Committee Feb. 13. plicable Federal Motor Vehicle Bohrer, representing the Lincoln LB989, introduced by Lincoln Sen. Safety Standards; Chamber of Commerce. He said the Anna Wishart, would authorize a • the testing complies with Na- project could be a valuable economic city of the primary tional Highway Traffic Safety Ad- development tool by dispelling mis- class to conduct ministration Automated Driving conceptions about Lincoln. a pilot project to Systems 2.0: A Vision for Safety; “The perception of Nebraska is test autonomous • the vehicle is equipped with a that we’re behind the times,” Bohrer vehicles, which communication link between said. “This certainly helps in rebutting operate without the autonomous vehicle and a that image by embracing technology a human opera- remote operator; and and looking ahead.” tor in the vehicle. Sen. Anna Wishart • the vehicle is designed to detect Uber representative Carla Jacobs op- Currently, Lincoln is the only primary and respond to roadway condi- posed the measure, saying it would show class city in the state. tions in compliance with the preference for a single provider, rather Wishart said the bill reflects Rules of the Road and local than supporting the general concept. groundbreaking and leading-edge traffic regulations. “By just authorizing one single technology in both transportation and For testing purposes, the state pilot program, the state is essentially telecommunications. Lincoln is par- Department of Transportation could signaling to broad industry groups ticularly poised for a pilot project, she require data collection to evaluate the that it’s supporting the single entity said, because of its pioneering spirit. safety of autonomous vehicles includ- that partners with [Lincoln] instead “Autonomous vehicle technology ing, but not limited to, any collision of broadly testing the most innovative is full of promise in the areas of safety, involving property damage, bodily technology available,” Jacobs said. mobility, agriculture and economic injury or death. Nebraska would be best served by development,” Wishart said. “In a time The city conducting a pilot project a comprehensive, statewide policy, when vehicular crashes and fatalities are would be required to develop and instead of a localized pilot project, said on the rise, autonomous vehicle technol- submit a law enforcement interaction state Department of Motor Vehicles ogy shows great potential in saving lives plan, which would inform how local Director Rhonda Lahm. and reducing the numbers of crashes.” law enforcement agencies interact with “Autonomous vehicle technology Under the bill, any vehicle tested autonomous vehicles in emergency will have a significant impact on the under the pilot project would be and traffic-enforcement situations. safe operation of vehicles on the roads limited to an area within the city’s Miki Esposito, director of Public of Nebraska,” she said. “The goal of boundaries, designated by the city, Works and Utilities for Lincoln, spoke the department has been and is to and could not travel any faster than in support of the bill. She said one of establish comprehensive policy re-

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018 garding the operation of autonomous more than 90 days to complete. has installed high-speed fiber through- vehicles statewide.” For an excavation that does not meet out the state, he said, but requiring The committee took no immediate the definition of a large project, the companies like his to pay for locate action on the bill. excavator would be required to pay the costs would discourage growth and locate costs after three locate costs are investment in the state. Bill would make excavators incurred in the same excavation area. “Between 2016 and 2018, we responsible for locate costs The bill would require the state fire invested almost $250 million in the marshal to adopt regulations for large state,” Moline said. “We want to Breaking ground on new construc- projects to include processes for large continue expanding in Nebraska, not tion projects could become costlier for project planning meetings, complaint only in our existing communities, but excavators under a bill discussed by the procedures, cost allocation and reim- in additional ones.” Transportation and Telecommunica- bursement procedures. David Young, fiber infrastructure tions Committee Feb. 13. Finally, excavators would be prohib- manager for the city of Lincoln, also Great Plains One-Call Service is a ited from using mechanical excavating opposed LB1031. As the owner of five system used by excavators to identify equipment within the marked location utilities, Lincoln would benefit from and locate underground facilities prior of an underground facility until the not having to pay locate costs, he said. to excavation to protect the facilities excavator has made thorough efforts to However, Young said, the city must from damage. A notice to the service confirm the facility’s location. prioritize developing the community center is required prior to performing Steve Meradith, Windstream Com- and encouraging large projects like the an excavation. munications’ vice president of state ALLO installation. Currently, the cost of locating such government affairs, spoke in support “The original purpose of the locate facilities is paid by the utility that owns of the bill. He said locate costs easily legislation was to encourage safety,” he it. LB1031, introduced by Henderson can exceed $1 million by the end of a said. “When you push the costs onto Sen. , instead would re- large fiber optic installation project. the excavators, you encourage risky quire excavators “This would provide an equitable behavior. If it’s going to cost money, to pay for the lo- cost distribution mechanism when they might not make the call.” cate requests for excavators on large projects create The committee took no immediate large construc- the need for utilities to mark their action on the bill. tions projects. resources,” Meradith said. “We face Friesen said competition in our markets, so we can’t having the utilities simply raise our costs to customers with- bear the expense Sen. Curt Friesen out potential negative consequences.” can cause the cost to be passed on to a Utilities regulated by the Public utility’s customers, regardless of whether Service Commission are prohibited they live in the area that might benefit from simply passing on costs to their Updates to TIF rules amended, from the new construction project. customers because their rates are set advanced “It’s only fair that the project de- by the commission, said PSC Public velopers—rather than the utility rate- Advocate Bill Austin. Lawmakers amended and advanced payers—pay the locate costs for these “This will fairly allocate the costs a bill from general file Feb. 15 that projects,” he said. of locating utilities under the one-call would update the state’s tax-increment Before undertaking a large construc- system when a large project is involved,” financing rules. tion project, the bill would require he said. “There is nothing anti-competi- Introduced by the Urban Affairs an excavator to send notification of a tive or anti-business about asking those Committee, LB874 is the result of planning meeting to all utilities with who need a service to pay the costs.” an interim study to answer questions facilities in the proposed construction Requiring a utility to locate its fa- about the use of TIF that were raised area. The bill defines “large project” as cilities is a practice used consistently in a 2016 report by the state auditor an excavation in any city of the metro- across the country, said ALLO Com- of public accounts. politan, primary or first class measuring munications President Brad Moline Under a segment of the state’s com- more than one mile in length, taking in opposition to the bill. His company munity development law, Nebraska

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 12 - 15, 2018 municipalities are able to designate • proceeds from the repayment of a municipality’s community redevelop- areas as substandard and blighted, al- loans made for TIF projects be ment authority. The amendment also: lowing them to be redeveloped. When deposited in the municipality’s • expands the prohibition on re- a redevelopment plan is approved, TIF general fund and prohibit those volving fund loans to clarify that bonds may be issued for the acquisition proceeds from being used to no proceeds from indebtedness and improvement of the property. The establish a revolving loan fund; incurred for a TIF project could increased property taxes generated by • TIF redevelopment contracts be used; the improvements are used to pay for include a provision requiring • clarifies that audits done by a the financing of TIF projects. developers to retain copies of all community development author- Omaha Sen. Justin Wayne, chair- supporting documents associat- ity be paid for by that authority; person of the committee, said the bill ed with the project and provide • eliminates the requirement that represents a clean-up of the state’s them to the municipality; each municipality that utilizes development laws and offers an op- • an annual TIF report on proj- TIF establish a local auditing portunity to end a “constant drum ects be provided to a municipal- plan; and beat” of proposals in the Legislature ity’s governing body; and • makes a series of reporting, au- regarding TIF that have had a “chill- • each municipality that utilizes diting and notice clarifications. ing effect” on economic development. TIF retain copies of all redevel- The amendment incorporated “We want to provide stability over opment plans, substandard and provisions of LB846, introduced by the next three to four years, to allow our blighted studies and analyses, Albion Sen. , which would cities and municipalities to develop, cost-benefit analyses and sup- require findings commonly referred to while at the same time taking the anti- porting documents associated as the “but/for” test to be documented TIF bills and the pro-TIF bills [and] with the redevelopment plan in writing. The test is meant to ensure putting them together to make sure we or any related substandard and that redevelopment would not be address all their concerns,” Wayne said. blighted declaration. feasible and would not have occurred, Among other provisions, LB874 The bill also would: but for the use of TIF financing, he would authorize the state auditor to • limit reimbursement of costs said, and serves as a protection against audit a community redevelopment au- incurred prior to the approval erosion of a municipality’s tax base. thority whenever the auditor believes of a redevelopment project; “There is a concern—founded or un- it necessary, or when requested to do • redefine the term redevelop- founded, depending on your perspec- so by the governing body. ment project to include en- tive—that this causation and economic The bill would require that: hancements to structures in the feasibility requirement is too often only • a planning commission hearing redevelopment project area that given lip service,” Briese said, “that be held on a redevelopment plan; exceed minimum building and someone is simply checking a box.” • municipalities conduct a sub- design standards in the com- Briese said that requiring documen- standard and blighted analysis munity and prevent recurrence tation would encourage proper use on whether a redevelopment of substandard and blighted of TIF by making sure that there is a project meets the requirements conditions; and record of the rationale for a project. and include that analysis in the • allow redevelopment projects Sen. of North Platte public hearing notice; to include a provision that agreed, saying the but/for provision has • cost-benefit analyses on TIF requires that all property taxes been distorted in the past and that plac- projects consider the impact levied on a redevelopment ing clearer guidance and parameters on on school districts and be made project be paid before such the program would help municipalities available to the public; taxes become delinquent to be determine the proper use of TIF. • if a redevelopment project di- eligible to receive TIF funds. “When we use TIF it should be vides the tax on only a portion An Urban Affairs Committee for the purpose of urban renewal,” of the real property included in amendment, adopted 31-0, eliminated Groene said. “There are a lot of good the project, the property must a provision requiring that each county fixes in this bill.” be clearly related to the redevel- and school district be given the opportu- LB874 advanced to select file on a opment project; nity to appoint a non-voting member to 33-0 vote. g

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018 Committee Hearings Current hearing schedules are always available at: NebraskaLegislature.gov/calendar Tuesday, February 20 LB1114 (Walz) Provide for creation and Appointment: Jeremy Fitzpatrick - Agriculture maintenance of a statewide geographic Commission for the Deaf and Hard of Room 1510 - 1:30 p.m. information system map under the Hearing LB893 (Wishart) Change seller Nebraska Telecommunications LB1127 (Kolterman) Provide additional disclosure statement requirements and Regulation Act fees for certain credentials under the provide for restrictions and duties on LB856 (Morfeld) Adopt the Internet Uniform Credentialing Act and create pet shop owners under the Dog and Neutrality Act, change communications the Patient Safety Cash Fund Cat Purchase Protection Act provider requirements under the LB1093 (Walz) Create the office of Appointment: Carl Sousek - Climate Nebraska Telecommunications Inspector General of Nebraska Public Assessment Response Committee Regulation Act, and change financial Health Appointment: Richard (Rick) Rasby - assistance provisions relating to the LR281CA (Morfeld) Constitutional Climate Assessment Response Nebraska Internet Enhancement Fund amendment to state that affordable Committee health care is a right and to expand Wednesday, February 21 eligibility under the medical assistance Business & Labor Executive Board program Room 2102 - 12:30 p.m. Room 2102 - 12:00 p.m. Appointment: Johnie Jason Girmus - LR295CA (Vargas) Constitutional Judiciary Boiler Safety Code Advisory Board amendment to change the annual Room 1113 - 1:30 p.m. Appointment: Patricia L. Vannoy - legislative salary to fifty percent of the LB763 (Harr) Prohibit obstruction of a Commission of Industrial Relations median household income public power district employee Appointment: Joel Carlson - LR296 (Walz) Provide the Executive LB797 (McDonnell) Change penalties Commission of Industrial Relations Board of the Legislative Council appoint for second and third degree arson a special committee known as the State- LB811 (Lindstrom) Change prohibited Education Licensed Care Facilities Investigative uses of scanning devices and encoding Room 1525 - 1:30 p.m. Committee of the Legislature machines LR285CA (Murante) Constitutional LB872 (Harr) Change provisions relating amendment to eliminate the State Government, Military & Veterans Affairs to appeals by prosecutors Board of Education Room 1507 - 1:30 p.m. LB1010 (Hansen) Change procedures LR291 (Kolowski) Recommend that Appointment: Roger Dixon - Nebraska for determining competency to stand school administrators, teachers, Tourism Commission trial in counties containing a city of the parents, and students be educated Appointment: Starr Lehl - Nebraska primary class about the potential health impact of Tourism Commission heavy backpacks Appointment: Ashley Olson - Nebraska Natural Resources Appointment: Lisa May - Neb. Educational Tourism Commission Room 1525 - 1:30 p.m. Telecommunications Commission Appointment: Sarah Sortum - Nebraska LB722 (Wayne) Provide a renewable Appointment: Robert Kobza - Board of Tourism Commission energy electric power generation Educational Lands and Funds LB814 (Schumacher) Provide a proce- requirement for certain public power Appointment: Joyce Simmons - Coordi- dure to resolve protests of government and irrigation districts nating Commission for Postsecondary service contract procurement decisions LB723 (Wayne) Change net metering Education LB746 (Watermeier) Change provisions provisions by redefining qualified facility Appointment: Deborah Frison - Coordi- regulating the use of the State Capitol and increasing the rated capacity limit nating Commission for Postsecondary and capitol grounds as prescribed Education LB807 (Harr) Provide for replacement of Appointment: John Bernthal - Coordi- a statue in the United States Capitol Revenue nating Commission for Postsecondary LB694 (Blood) Prohibit cities and Room 1524 - 1:30 p.m. Education villages and counties from taxing or LB798 (McDonnell) Provide a sales and regulating distributed ledger technology use tax exemption for feminine hygiene Transportation & Telecommunications products Room 1113 - 1:00 p.m. Health & Human Services LB914 (Riepe) Provide an income DMV Compliance Hearing as required Room 1510 - 1:30 p.m. tax credit for certain long-term care by Neb. Rev. Stat. 84-901.01 Appointment: Becky D. Rieken - insurance policy premiums LB1113 (Walz) Provide an exception for Commission for the Blind and Visually LB954 (Hansen) Provide refundable leasing dark fiber or providing broad- Impaired income tax credits to individuals who band, Internet, telecommunications, or Appointment: Diane Schutt, Diane - rent their primary residence video services by an agency or political Commission for the Deaf and Hard of LB1022 (Schumacher) Adopt the subdivision of the state Hearing Irrigation Tax Act and change the

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 February 12 - 15, 2018 valuation of agricultural land for Natural Resources Health & Human Services property tax purposes Room 1525 - 1:30 p.m. Room 1510 - 1:30 p.m. LB1045 (Schumacher) Adopt the Appointment: Robert P. Goodwin - Neb. LB835 (Howard) Provide for independent Nebraska Excellence Fund Tax Credit Act Oil and Gas Conservation Commission audits and reviews under the Nebraska Appointment: Thomas D. Oliver - Neb. Behavioral Health Services Act Thursday, February 22 Oil and Gas Conservation Commission LB1057 (Kuehn) Change provisions Government, Military & Veterans Affairs Appointment: John W. Orr - Environ- relating to prescription drug monitoring Room 1507 - 1:30 p.m. mental Trust Board LB968 (Wayne) Adopt the Disability Appointment: Marty Callahan - Account- LB713 (Erdman) Change compensation Employment and Engagement Program ability and Disclosure Commission of members of the Nebraska Oil and Act Appointment: Tom Carlson - Account- Gas Conservation Commission ability and Disclosure Commission LB761 (Hughes) Change compensation Judiciary Appointment: Patrick Guinan - State provisions relating to the Nebraska Oil Room 1113 - 1:30 p.m. Personnel Board and Gas Conservation Commission LB693 (Blood) Regulate and create LB817 (Chambers) Change provisions criminal offenses regarding the use of regarding funds of candidate committees Revenue unmanned aircraft systems LB839 (Crawford) Require reporting Room 1524 - 1:30 p.m. LB892 (Howard) Prohibit restraining regarding electioneering communication LB939 (McDonnell) Provide a homestead animals in the event of certain natural under the Nebraska Political exemption for certain dwelling complexes or manmade disasters or severe Accountability and Disclosure Act located on military installations weather events as prescribed LB1129 (Kuehn) Prohibit state employees LB965 (Schumacher) Change provi- LB897 (Howard) Change medical from certain political activities sions relating to lists of real property providers’ duties under offense of LB1027 (Wayne) Provide for restoration subject to sale for delinquent taxes failure to report injury or violence of voting rights upon completion of a LB1016 (Briese) Adopt the Money LB977 (Wayne) Make post-release felony sentence or probation for a felony Transmission Fee Act and provide supervision optional for Class IV felonies income tax credits Health & Human Services LB1095 (Hilgers) Change the Revenue Room 1510 - 1:30 p.m. information included in certain tax Room 1524 - 1:30 p.m. Appointment: Norman B. Weverka - notices and receipts LB910 (Bolz) Adopt the Property Tax Commission for the Deaf and Hard of LB1097 (Hilgers) Change provisions Circuit Breaker Act and change the Hearing relating to treasurer’s tax deeds funding of the Property Tax Credit Act LB862 (Howard) Adopt the Prescription LB1075 (Friesen) Impose a fee on LB937 (Stinner) Change filing fees for Drug Cost Transparency Act transfers of real estate appeals to the Tax Equalization and LB686 (Blood) Adopt the Psychology LB1076 (Friesen) Increase the Review Commission Interjurisdictional Compact documentary stamp tax and provide for LB1006 (McCollister) Change provisions LB891 (Pansing Brooks) Prohibit the use of the revenue relating to rehearings under the Tax discrimination in the provision of services Equalization and Review Commission Act as prescribed under the Psychology Friday, February 23 LB1100 (Erdman) Change the valuation Practice Act Government, Military & Veterans Affairs of agricultural land and horticultural land Room 1507 - 1:30 p.m. LB1104 (Friesen) Change provisions Judiciary Appointment: Sherry Blaha - Emergency relating to the special valuation of Room 1113 - 1:30 p.m. Response Commission agricultural or horticultural land LB927 (Howard) Change provisions Appointment: John Grimes - Emergency relating to juveniles’ out-of-home Response Commission Monday, February 26 placement, care, and custody Appointment: Joseph Oswalt - Business & Labor LB981 (Baker) Change provisions Emergency Response Commission Room 2102 - 1:30 p.m. relating to arraignment of juveniles and LB1036 (Kolowski) Change the LB1096 (Hilgers) Change provisions authorize juvenile court jurisdiction to expenditure limit for a recognition relating to state vehicles and workers’ age twenty-one with consent of the dinner under the Local Government compensation claims, tort claims, and juvenile and legal counsel Miscellaneous Expenditure Act other claims against the state LB1051 (Pansing Brooks) Change provi- LB682 (Blood) Provide consumer LB950 (Albrecht) Provide for payment sions relating to family member visitation protection and civil relief for of claims against the state LB1086 (Wayne) Provide for servicemembers and provide a duty for LB951 (Albrecht) Deny claims against intervention in certain proceedings the National Guard the state involving juveniles as prescribed LB969 (Wayne) Change signature LB991 (Bolz) Create the Nebraska LB1112 (Vargas) Change provisions requirements for nomination of partisan Integrated Education and Training relating to placement and detention of candidates by petition Grant Program juveniles and permit an additional use LB1032 (Murante) Provide for a LB1134 (Vargas) Adopt the Nebraska of funds under the Community-based statewide presidential primary election Worker Adjustment and Retraining Juvenile Services Aid Program Notification Act

PAGE 20 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 12 - 15, 2018

LB1109 (Harr) Create the Grow LB1126 (Bolz) Adopt the Sexual Assault LB941 (Wayne) Change the calculation Nebraska Through Quality Employment Survivors’ Bill of Rights Act of the tax on the average wholesale Strategic Partnership price of gasoline Revenue LB1026 (Wayne) Authorize issuance Education Room 1524 - 1:30 p.m. of highway bonds, create a fund, and Room 1525 - 1:30 p.m. LB759 (Hughes) Eliminate a sales and change existing highway funding provi- LB1033 (Murante) Eliminate learning use tax exemption relating to zoos and sions communities aquariums LB1088 (Wayne) Adopt the Nebraska LB1125 (Groene) Change school LB996 (Crawford) Change defined Education Formula and the Remote finance base limitation and local effort terms and other provisions of the Seller Sales Tax Collection Act, termi- rate provisions Nebraska Advantage Act nate the Tax Equity and Educational LB1023 (Schumacher) Change sunset Opportunities Support Act and the General Affairs dates on certain tax incentive programs Property Tax Credit Act, and eliminate Room 1510 - 1:30 p.m. LB1021 (Schumacher) Eliminate certain certain tax exemptions g LB747 (Thibodeau) Provide for bottle sales and use tax exemptions clubs under the Nebraska Liquor Control Act LB679 (Krist) Change the distribution of taxes remitted to the Charitable Gaming Operations Fund

Tuesday, February 27 Government, Military & Veterans Affairs Room 1507 - 1:30 p.m. Appointment: Matthew J. DiVito - Emergency Response Commission LB1115 (Murante) Provide population requirements for establishing district boundary lines for legislative districts, Supreme Court districts, and certain political subdivisions

Judiciary Room 1113 - 1:30 p.m. LB680 (Krist) Adopt the Interstate Students invited to attend Placement for Involuntarily Admitted Patients Agreement Act Unicameral Youth Legislature LB690 (Blood) Adopt the Counterfeit igh school students are invited to to discuss and debate the issues that Airbag Prevention Act Htake on the role of state senators are important to their communities,” at the Unicameral Youth Legislature said Ami Johnson, the Legislature’s June 10-13. At the State Capitol, civic education coordinator. student senators will sponsor bills, The deadline to register is May 15. conduct committee hearings, debate Students are encouraged to submit an legislation and discover the unique pro- essay to be considered for several scholar- cess of the nation’s only unicameral. ships that cover the full cost of tuition. The Unicameral Youth Legisla- Partial scholarships also are available. ture gives behind-the-scenes access To learn more about the program, to students who have an interest in go to www.NebraskaLegislature.gov/uyl, public office, government, politics, email [email protected] or call (402) 471- law, public policy, debate or public 2788. speaking. Students will learn about The University of Nebraska-Lincoln’s the inner workings of the Legislature Extension 4-H Youth Development directly from senators and staff. Office coordinates housing and recre- “Participants will be able to engage ational activities for the camp as part of with their peers from across the state its Big Red Summer Camps program.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 February 12 - 15, 2018 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 • 105TH LEGISLATURE February 12 - 15, 2018

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

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 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