UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 41, Issue 15 / Apr. 9 - 18, 2018

propriations Committee for tackling a $200 million budget shortfall this session while making investments Session ends, eight in child welfare services, services for those with developmental disabilities senators depart and corrections. “Once again, by working together, we closed that gap, we balanced our budget, and we did it without raising taxes,” he said. Speaker Jim Scheer of Norfolk told lawmakers they had accomplished much during the 60-day session, but they left several issues—such as proper- ty tax reform, economic development, Medicaid expansion, marijuana policy and others—for future legislatures Gov. Pete Ricketts greets senators as he is escorted into the legislative chamber to deliver his to address. The speaker encouraged end of session remarks. senators who will return next session he second session of the 105th Turning to tax policy, Ricketts to spend the interim thinking about Legislature adjourned sine die praised lawmakers for passing a bill what they would like to accomplish. TApril 18. intended to prevent a nearly $200 mil- “Start working with other senators Six senators are leaving the Leg- lion tax increase on Nebraskans due this summer on the big issues,” he islature due to term limits: Bancroft to changes in the federal tax code last said. “Sit down with those outside Sen. , Omaha Sen. Burke year. However, he said, the Legislature of your usual circle of support to Harr, Omaha Sen. Bob Krist, O’Neill failed to pass a bill that would provide explore ways that compromise can be Sen. , Columbus Sen. property tax relief despite support reached.” Paul Schumacher and Papillion Sen. from the public and various agricul- The first session of the 106th Leg- Jim Smith. Two more, Lincoln Sen. tural and business groups. islature is scheduled to convene Jan. and Heartwell Sen. John Ricketts also thanked the Ap- 9, 2019. g Kuehn, have decided not to seek re- election to a second term. In his remarks, Gov. Pete Ricketts commended senators for working together to pass legislation to prevent opioid abuse, increase speed limits on the state’s highways, ensure students can read at grade level by the end of third grade and remove onerous occupational licensing regulations. “I think this session underscores the importance of that collabora- tion—working together—and how by doing that we can accomplish much,” Sen. Jim Scheer thanked his fellow senators for trusting him to serve as speaker for the past two he said. years, saying, “It has truly been my honor to serve in this capacity.”

INSIDE: Highway speeds increased • Legislative oversight of mental health facilities approved April 9 - 18, 2018 Operation of autonomous vehicles approved awmakers passed a bill April 18 vehicle safety laws. “The risk is too great to just open that will allow driverless cars to Wishart said state statute currently this up to all vehicles,” Friesen said. L travel on the state’s roads. is silent on the issue of autonomous “We have no process in place where LB989, as originally introduced by vehicles. Implementing a regulatory we can suspend this if something goes Lincoln Sen. , would framework would help Nebraska to be- wrong.” have authorized a come a national leader in autonomous The motion failed on a 14-16 vote. city of the primary vehicle technology, she said. Papillion Sen. Jim Smith intro- class to conduct An autonomous vehicle may or duced an amendment, adopted 33-9 a pilot project to may not contain a human driver. If a April 9, which requires the state test autonomous human driver is present in the vehicle, Department of Motor Vehicles to con- vehicles, which he or she must be a licensed driver and sult with railroad companies before operate without a covered by insurance. providing an exemption that would human operator. Sen. Anna Wishart The amended bill also authorizes allow fully autonomous vehicles to Currently, Lincoln is the only primary the operation of an on-demand auton- cross railroads. class city in the state. omous vehicle network, which could An amendment introduced by A proposed Transportation and provide transportation of persons or Friesen would have removed a provi- Telecommunications Committee goods, including for-hire transporta- sion allowing autonomous vehicles amendment would have authorized tion or public transportation. to deliver goods. It failed on a 20-26 the testing of autonomous vehicles Political subdivisions will be pro- vote. He then introduced a series of statewide under a special permit au- hibited from imposing any additional motions and amendments in an effort thorized by the state Department of performance requirements or taxes to extend debate on the bill. Motor Vehicles. that relate specifically to the operation Wishart offered a motion to invoke However, O’Neill Sen. Tyson Larson of an autonomous vehicle. cloture, or cease debate and vote on introduced an amendment, adopted Henderson Sen. in- the bill April 9. The cloture motion 32-1 April 5, that replaced both the com- troduced a motion to recommit the was adopted 37-8. Thirty-three votes mittee amendment and the original bill. bill to the Transportation and Tele- were needed. As amended, these provisions authorize communications Committee. He said Lawmakers then voted 32-10 to the operation of an autonomous vehicle fully autonomous vehicles still have not adopt the committee amendment and on all state roads and highways, as long been approved by the Federal Highway advanced the bill to select file 33-13. as the vehicle is capable of operating Administration and are meant to be The bill was passed by the Legisla- in compliance with traffic and motor used only in pilot programs. ture April 18 on a 34-8 vote. 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 April 9 - 18, 2018

his year marks the end of Tservice for eight senators. Be- fore adjournment, departing senators addressed their colleagues, re- Sen. Roy Baker Sen. Lydia Brasch flecting on their “I’ve never ceased to appreciate the “[Eventually] this will all be a hum- ability to walk into this marvelous bling memory of the honor and time in the Nebraska building each day.” privilege to serve an incredible state.” Unicameral.

Sen. Burke Harr Sen. Bob Krist Sen. “It has been a privilege—no matter how “I was appointed and came in and “My service would not have been pos- short—to be a steward of this unique within 10 days we were in a special sible without the sacrifice of many, many institution.” session. I had a 3-hour orientation [friends and family] who may not realize and a 10-year tutelage.” the role they’ve played in my service.”

Sen. Tyson Larson Sen. Paul Schumacher Sen. Jim Smith “I’ve cherished my time in this body “For now, in this fleeting moment, “There’s no avoiding the challenges, and all that I’ve learned, but at the time draws to a close and I must take but I’m confident there are solutions ripe age of 32, I’m ready to move on leave of this chamber.” to be found when each legislator looks to the next chapter of my life.” beyond the borders of his or her dis- trict, seeks understanding and fosters statewide views and perspectives.”

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 April 9 - 18, 2018

nally introduced by Omaha Sen. Burke Harr, which were amended into LB861 dur- ing general file Prairie dog management act State funds to counties for debate. The provi- repealed jail incident costs amended, sions outlined a approved Lawmakers voted April 18 to repeal process by which Sen. Burke Harr the Black-Tailed Prairie Dog Manage- Lawmakers passed a bill April 11 the Nebraska at- ment Act. intended to assist counties facing torney general could request that a The act, passed by the Legislature costs from correctional institution district court appoint an independent in 2012, authorizes county boards incidents. counsel in a case where there is a per- to adopt and carry out coordinated LB861, introduced by Syracuse Sen. ceived personal or ethical conflict in management programs to control , requires the state the prosecution of an alleged crime. black-tailed prairie dog colonies on to pay a county’s Following adoption of the Water- property within the county. prosecution costs meier amendment April 9, the bill The law requires a landowner to that arise from a was advanced to final reading by voice effectively manage prairie dog colonies single correctional vote. Lawmakers passed the bill April on his or her property to prevent them institution inci- 11 on a vote of 44-0. from expanding to adjacent property dent—defined as if the owner objects to the expansion. one in which a If a landowner does not provide evi- crime allegedly is Sen. Dan Watermeier dence that a colony is being managed committed by one or more inmates within 60 days of a county board’s confined in a state correctional in- notice, the county may enter upon the stitution—if those costs exceed the property to manage the prairie dogs. threshold amount for the county. Restrictions approved for The landowner would be respon- Under the bill, the threshold payday lenders sible for any expenses, and unpaid amount is the amount of property tax assessments would become a lien on revenue raised by the county from a Providers of short-term, delayed de- the property. Landowners who do not levy of 2.5 cents per $100 of taxable posit loans will be required to provide comply also could receive a fine of up valuation of property subject to the more information to borrowers under to $1,500. The law allows a county levy. The threshold amount is deter- a bill passed by lawmakers April 18. to file a foreclosure suit to recover mined using valuations for the year To secure a delayed deposit loan— the debt. in which the correctional institution often called a payday loan—a borrower Omaha Sen. , incident occurred. typically submits a personal check for sponsor of LB449, Costs of prosecution include, but the loan amount, which is then held has said the act are not limited to, the costs of defense and cashed by the lender at the end violates property for indigent defendants, such as attor- of the loan period, which typically is owners’ rights by ney and expert witness fees. 34 days. allowing govern- Watermeier offered an amend- LB194, introduced by Omaha Sen. ment agents to ment during select file debate April , re- come onto their 9, adopted 36-0, which clarified that quires that a lend- land without no- Sen. Ernie Chambers the risk management division of the er provide written tice when a neighbor makes an unveri- state Department of Administrative notice to a borrow- fied complaint about prairie dogs on Services has the power to receive and er including the the property. investigate claims under the bill’s name of the bor- Senators voted 26-13 to pass the provisions. rower, transaction Sen. Tony Vargas bill, repealing the law. The amendment also struck from date and amount, the bill provisions of LB883, origi- payment due date and total payment

PAGE 4 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018 due and the total fees imposed on the Patrol investigations. Administrative Services. The investiga- transaction, both as a dollar amount LB791, introduced by Crete Sen. tion will be conducted either by the and an annual percentage rate. Laura Ebke, re- department or the state agency where The notice also will state that such quires law enforce- the employee works. loans should be used only to meet ment agencies to The department or agency conduct- short-term cash needs, that the total document the rea- ing the investigation will maintain cost of a transaction cannot exceed son for and circum- the confidentiality of the reporting $500, that the borrower has the right stances surround- employee and any other person partici- to rescind a transaction before the end ing an officer’s sep- pating in such an investigation except of the next business day and that the aration of service Sen. Laura Ebke in cases when disclosure is authorized borrower has the right to rescind au- from that agency. The head of that in writing by the person or when nec- thorization for an electronic payment. agency must then submit the report essary to conduct the investigation or Any fees charged to individuals on to the Nebraska Crime Commission. impose discipline. Additionally, the active military duty or their spouses Additionally, agencies will be person against whom the allegation is and dependents cannot exceed the required to submit a more detailed made will be informed of the report- amount allowed under federal law. report to the Nebraska Crime Com- ing employee’s identity. If a check held by a lender is re- mission if an officer is terminated The state agency employing the turned unpaid due to insufficient from employment or allowed to resign reporting employee will be prohibited funds, a closed account, a stop-payment in lieu of termination for conduct that from retaliating or discriminating order or other reason, the lender can ex- constitutes incompetence, neglect of against the employee or any other ercise all civil means to collect the face duty, incapacity, dishonesty, a guilty person for participating in the inves- value of the check. The lender can col- plea to a felony charge, a felony con- tigation. lect one returned check charge for each viction or another violation of the A hiring agency will have authority delayed deposit, not to exceed $15, plus officer’s oath of office, code of ethics to subpoena records only from the court costs and attorney’s fees. or statutory duties. Nebraska State Patrol. Law enforce- A borrower who is unable to pay The report must include a sum- ment agencies will be required to back a loan when due can request an mary of the relevant allegations and retain employment records for five extended payment plan once in any identification of any witnesses to such years after an employee’s separation 12-month period. The bill also requires allegations. The law enforcement agen- from the agency. lenders to accept prepayment of a loan cy report must be submitted within 30 During general file floor debate from a borrower without any penalty. days of the employee’s termination. April 9, Grand Island Sen. Finally, lenders will be required to A law enforcement officer termi- spoke in opposition to the bill. LB791 provide information annually to the nated under such circumstances will would create a precedent for courts to state Director of Banking and Finance, be required to sign a waiver upon follow, he said, that could negatively who will submit a final report to the application for employment with a affect a union’s collective bargaining Legislature. new agency that allows the prospec- authority. The bill passed on a 49-0 vote. tive employer to contact the officer’s “We already have a law within the former agency and obtain a copy of the state to regulate how the process works report detailing his or her separation and I’m afraid we’re going to lose that from previous service. process for other unions down the The former employer will be re- road,” Quick said. quired to provide the report if re- The bill would have only a limited quested. The person designated to impact on collective bargaining, Ebke Stronger scrutiny approved prepare such a report will be immune said, and only for the state patrol, for police misconduct cases from civil liability if he or she provides which she said agrees with the pro- Lawmakers passed a bill April 18 the information in good faith. posed changes. that eliminates certain conflicts of Finally, the bill allows state em- “It’s important for us to have a level interest and provides accountability ployees to report sexual harassment of confidence that those who are doing and transparency in Nebraska State directly to the state Department of things wrongfully are being appropri-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 April 9 - 18, 2018 ately dealt with and to have transpar- The bill then passed April 18 on The application for a lump-sum ency through the process,” Ebke said. a 38-2 vote. settlement must include a statement Nothing in the state patrol dis- explicitly stating that the parties have ciplinary procedures or collective Changes approved for workers’ considered the interests of Medicare bargaining agreement: compensation settlements and have taken reasonable steps to • limits the discretion of the protect any interests of Medicare. superintendent of law enforce- Lawmakers passed a bill April 18 The court will not be required to ment and public safety from that will help injured workers receive approve other areas of the settlement. disclosing the status of an in- settlement payments more efficiently. The bill includes provisions of ternal investigation or discipline LB953, introduced by Thurston LB784, introduced to the Legislature, Nebraska Sen. , requires the by Omaha Sen. Commission on Law Enforce- Workers’ Compen- Tony Vargas. These ment and Criminal Justice or a sation Court to ap- prohibit contrac- complainant; prove a lump-sum tors and employers • limits the consideration by settlement in cases who have unpaid the state patrol of disciplinary when the employee fines for violating action in a prior case that oc- is eligible for Medi- the Employee Clas- Sen. Tony Vargas curred within the 10 years pre- care, is a Medicare sification Act from entering into a ceding the date such progressive beneficiary or has Sen. Joni Albrecht contract with the state or any political discipline is imposed; a reasonable expectation of becom- subdivision until the fines are paid. • limits the misconduct for which ing eligible for Medicare within 30 The bill passed on a 48-0 vote. a new disciplinary proceeding months of the time of settlement. may be initiated that occurred The lump-sum settlement also within the two years preceding will apply in cases when the medical the date discipline is imposed; expenses incurred for treatment of the • requires the release of reports injury will not fully be paid as part of and materials concerning an the settlement if the employee’s at- Certificate exemption for early internal investigation of a mem- torney affirms that the settlement is childhood education teachers ber alleged to have committed a in conformity with the compensation created Class I misdemeanor, felony or schedule and in the best interests of an allegation involving dishon- the employee or his or dependents. A bill meant to address a shortage esty prior to the initial investiga- The bill eliminates a requirement of qualified early childhood education tion interview; for a duly-executed release if a lump- teachers in rural Nebraska received • limits or restricts access of sum settlement is approved by the final approval by the Legislature April individuals conducting the court. 11. internal investigation to materi- Finally, it clarifies that the 50 per- Introduced by Gering Sen. John als regarding a member under cent penalty imposed on settlement Stinner, LB803 as amended authorizes investigation; or payments made more than 30 days late the state Board of • prevents, limits or restricts to an employee still would apply unless Education to adopt access by the commission to the court enters an order of dismissal rules and regula- internal investigation reports with prejudice. tions that exempt or materials. Medicare’s interests must be ap- a prekindergarten After several hours of debate, Ebke proved by the court if the employee’s program from the offered a motion April 9 to invoke clo- attorney affirms that the resolution of requirement that ture, or cease debate and vote on the payment of disputed medical, surgical all teachers and Sen. bill. The cloture motion was adopted or hospital services is in conformity administrators in prekindergarten 34-3. Thirty-three votes were needed. with the compensation schedule and programs hold a valid certificate or Lawmakers then voted 35-0 to advance in the best interests of the employee permit. the bill to select file. or his or her dependents. The bill passed on a vote of 47-0.

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018

Social worker approved for participate in the program, and the Update to Americanism each ESU state Department of Education will statute stalls administer the fund. Senators approved a proposal April The bill passed on a vote of 31-15. The Legislature debated a bill April 18 to place a social worker in each of 9 intended to ensure civic competence the state’s 17 educational service units Special instruction for among Nebraska students. to aid students with behavioral and dyslexic students approved Under current law, each school mental health problems. district’s board is required to appoint Introduced by Fremont Sen. Lynne Nebraska schools are required to three members to an Americanism Walz, LB998 cre- provide special reading instruction for committee that inspects and approves ates a fund for students with dyslexia beginning this the textbooks used in the teaching of a collaborative fall under a bill passed by lawmakers American history and government. school behavioral April 11. As introduced by and mental health LB1052, introduced by Lincoln Bancroft Sen. Lyd- program. Once the Sen. , requires ia Brasch, LB1069 initiative receives schools to pro- would make several $3.6 million in Sen. vide students updates to state law funding, each ESU or the ESU coordi- who are identi- regarding the com- nating council may hire a social worker fied as exhibit- mittees’ responsibili- who would train teachers and school ing characteris- ties and the teaching Sen. Lydia Brasch personnel and work with parents, tics of dyslexia of American history and social studies. schools, behavioral and mental health with evidence- Brasch said the bill is meant to care providers and other resources to based literacy Sen. Patty Pansing Brooks ensure that schools give students connect students with services. instruction using a multisensory foundational knowledge of American As amended on select file, the approach. A technical assistance docu- history and civics—subjects that she program’s funding would be limited ment created and distributed by the fears some schools do not emphasize. to private donations, and it would state Department of Education will “We’re falling behind on that end in 2022. provide guidance on that instruction. knowledge,” she said. Social workers hired under the pro- The document also provides infor- Senators voted 27-13 on March 29 gram may use screening and assessment mation on dyslexia’s characteristics, its to place the bill on general file, even tools to identify students in need of associated conditions and indicators though the Education Committee had services and assist in matching students and the screening, evaluation, instruc- taken no action to advance it. This with appropriate health care providers. tion and intervention for dyslexia. unusual maneuver requires a majority The coordinating council will so- Information will be distributed to all vote of the Legislature. licit annual program plans from each school districts, educational service units A pending amendment introduced ESU, identify evidence-based best and teacher education programs in the by Brasch would replace the bill. It practices in interventions for students, state to promote awareness of dyslexia. would require each Americanism coordinate training for social work- LB1052 prohibits school districts committee to hold at least three public ers and other school personnel and from requiring a student who exhibits meetings annually and to keep min- complete annual evaluations of the characteristics of dyslexia to obtain a utes from those meetings. The com- program. It also will create and main- medical diagnosis in order to receive mittee would ensure that the school’s tain a statewide map of behavioral and interventions. social studies curriculum is aligned mental health services. The bill also requires that each with the standards adopted by the Each school district with which a teacher education program approved state Board of Education and “teaches social worker interacts is required des- by the State Board of Education and assesses foundational knowledge ignate a contact person for that social include dyslexia instruction in its in civics, history, economics, financial worker at each school in the district. initial program course requirements literacy and geography.” As amended on select file, 26-5, beginning in July 2019. The committee also would be both public and private schools may Lawmakers voted 44-0 pass the bill. required to ensure that the district

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 April 9 - 18, 2018 develops and gives assessments to about the rights that have been fought a census count of 5- to 18-year-olds, eighth- and 11th-graders to measure for by all kinds of people who have an end-of-the-school-year annual sta- mastery of the social studies standards. overcome oppression is not, to me, tistical summary, an annual financial The assessments would include, but a debate about Americanism at all,” report and a fall membership report. not be limited to, the civics portion of she said. The bill eliminates the requirement the naturalization exam administered Lincoln Sen. op- that school districts submit poverty by U.S. Citizenship and Immigration posed the amendment, saying that it and limited English proficiency plans Services. The scores for each student emphasizes rote memorization of facts to the department and the coordinat- would be made available to the parents instead of teaching critical thinking ing council. or guardians of the student. skills and civil discourse. LB1081 also changes a current Sen. of North Platte “We build good citizens by ensur- provision that “no more than three” supported the amendment. He said ing that people have critical thinking schools may be designated priority the state Department of Education skills and the ability and the confi- schools to “no less than three.” It re- asked for clarification of the Ameri- dence to tackle issues in their com- duces from five to three the number of canism statute—which has been in munity,” he said. years that a school can be designated place since 1949—before it revamps The Legislature adjourned before a priority school before the board state social studies standards next year. voting on the amendment or the bill. reevaluates the school’s progress plan. LB1069 would modernize the law in LB1069 is unlikely to be scheduled for Finally, the bill requires school several ways, Groene said, including additional debate this session. boards to collaborate with their county by adding Dr. Martin Luther King Jr.’s attorney to review the rules and stan- birthday and American Indian Day as Education cleanup bill passed dards for student conduct that would occasions on which the superinten- with reading intervention require the school to contact law dent of every school holds patriotic programs enforcement. exercises. The bill was amended on general “This isn’t American pride,” Senators approved a bill April 11 file to include pro- Groene said. “This is teaching civics, that makes several technical changes visions of LB651, how to be an American.” to state education law. As amended, it introduced by Elk- Sen. of Hastings includes provisions of a bill intended horn Sen. Lou Ann also supported the amendment, say- to ensure that Nebraska students are Linehan, which is ing that requiring students to take able to read at or above grade level by intended to provide the civics exam would teach them third grade. intensive interven- foundational knowledge of American LB1081, introduced by the Educa- tions for students Sen. history and government, including the tion Committee, is an annual cleanup identified as having a reading deficiency. Constitution, the three branches of bill that includes technical changes These require each school district to government and states’ rights. requested by the state Department of administer an approved reading assess- “We can’t expect our students to Education. ment three times during the school year graduate with less knowledge than The bill requires the Learning Com- to all students in kindergarten through new immigrants will have when they’re munity coordinating council to file an third grade. Students who score below successful at becoming new citizens,” annual financial report with the depart- a set threshold would be identified as he said. ment and authorizes the commissioner having a reading deficiency, and school Sen. of Lincoln said that of education to direct that learning districts would be required to provide any changes to curriculum regarding community funds be withheld if the those students with a supplemental American history and civic engage- report is not filed. It also requires the reading intervention program. ment should include the movements coordinating council to complete an au- The program would be imple- to secure civil rights, women’s rights, dit of its books, accounts, records and mented during regular school hours workers’ rights, voting rights and affairs at least once every three years. in addition to regular reading instruc- rights for people with disabilities. The department no longer is tion unless otherwise agreed to by “Debating a bill about American- required to file several reports with a parent or guardian. The bill also ism without debating our history and the coordinating council, including would require schools to make avail-

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018 able a summer reading program for Legislative oversight of mental She said that the issue is not new students in first grade or higher who health facilities approved and that Disability Rights Nebraska, are identified as continuing to have a the state’s federally-designated protec- reading deficiency at the end of the The Legislature voted April 11 to tion and safety organization, has been school year. create a special legislative committee investigating concerns in these facili- As amended on select file April 9 to look into state-licensed care facili- ties dating back to 2012. Several bills 35-0, the reading intervention pro- ties housing residents diagnosed with and resolutions have been brought grams may include several intensive mental illness. forward as a result, she said, but have intervention strategies, such as daily Fremont Sen. Lynne Walz, sponsor not been acted on. targeted small-group reading, parent of LR296, said Ne- “We have a responsibility to pro- training workshops and access to braskans who strug- tect our most vulnerable citizens,” before-school or after-school supple- gle with persistent Bolz said. “We are responsible for mental reading intervention. and severe mental the licensing and accreditation of The bill passed on a vote of 46-1. illness deserve bet- these facilities and if that needs to be ter treatment than strengthened, it is our responsibility they are receiving to take action.” from facilities that Sen. Lynne Walz An Executive Board amendment, are licensed by the state Department adopted 37-6, changed the committee of Health and Human Services. from an investigative to an oversight Agency reporting regulation She said that many facilities across body. updates approved the state are not providing residents Sen. Dan Watermeier of Syracuse, with the most basic medical and nu- chairperson of the Executive Board, Reporting requirements to the tritional needs. The DHHS licensure said the amendment also would ad- Legislature from state agencies were inspection system has not responded dress fiscal concerns by removing refer- updated by a bill passed April 11. effectively to reports of “shocking” ences to hiring outside legal counsel, LB751, introduced by the Legisla- treatment, she said, including sub- consultants and investigators and tive Performance Audit Committee, standard living conditions, neglect, eliminating the committee’s ability to requires that only reports of regula- abuse, and violations of independence issue subpoenas. tions mandated by law—rather than all and trust. The amendment also narrows the regulations—be reported to the Legisla- For example, Walz said, an 80-page scope of the proposal to assisted living tive Performance Audit Committee. report on conditions at the Life Quest facilities “where many of the residents Agencies are required to report to the state-licensed mental health facility are diagnosed with a mental illness.” committee as to why regulations have in Palmer from 2017 “sat on a desk” Specific language regarding an exami- not been timely promulgated. at DHHS and was not acted upon. nation of the recent closures of mental The bill also removes a require- The failure of the state’s oversight health centers in Palmer and Blue Hill ment that the Executive Board or safeguards resulted is a crisis, she said, also was added by the amendment. the appropriate standing legislative in which a resident at the facility—a The committee will study the: committee receive annual reports female veteran—died after three days • lack of adequate conditions of regarding mandatory regulations that of severe illness. state-licensed care facilities; have not been promulgated within the “The report of events that led to • treatment of individuals resid- time frame required by law. Instead, the veteran’s death is one of the most ing in such facilities; the bill requires agencies to include appalling things I’ve ever read,” Walz • effectiveness of regulation and that information in the reports that said. “I knew I could not in good licensure by the Division of they already provide to the Legislative conscience disrespect her life with Public Health in providing over- Performance Audit Office. inaction.” sight; Department of Health The Executive Board or a stand- Lincoln Sen. Kate Bolz spoke in and Human Services implemen- ing committee also may request the favor of the proposal, calling an over- tation and administration of information. sight committee “the right step at the services through the behavioral LB751 passed on a 48-0 vote. right time.” health regions;

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 April 9 - 18, 2018

• steps the department has taken person of the Health and Human was amended on to advance the recommenda- Services Committee, opposed the general file to li- tions proposed by the Technical resolution. The death at Life Quest cense private mem- Assistance Collaborative; and was “tragic,” he said, but it is the job bership establish- • department measures taken of the standing committee to examine ments—commonly to ensure behavioral health the issues and establish sound policies known as bottle services are administered in the that serve the entire state. clubs—where mem- most integrated setting pursu- “The members of the HHS Com- bers who have pur- Sen. Tyson Larson ant to the federal Americans mittee act as subject matter experts chased their own alcohol congregate with Disabilities Act. regarding HHS issues,” he said. to consume it. Sen. of Omaha sup- “HHS issues are complicated. The Omaha Sen. Theresa Thibodeau ported the resolution and the amend- issue addressed in LR296 is one of offered an amendment during select ment, saying she recently was alerted those complicated issues and one that file debate April 9 to address concerns by a constituent on social media to needs to be within the jurisdictional ensuring enforcement mechanisms a facility that had been without hot committee.” for bottle club licensure. She said water for three weeks. She said the The resolution was adopted on a the amendment clearly defines bottle “weak” response she received upon vote of 26-13. clubs and adds them to the type of notifying DHHS regarding the result- The following members of the businesses that are required to obtain ing sanitation issues was that they also State-Licensed Care Facilities Over- a liquor license. were concerned. sight Committee were appointed by “With the creation of a bottle club “But they didn’t do anything, and the Executive Board and announced license, we wanted to make sure that they haven’t done anything,” Howard April 18: all of the provisions within the Liquor said. “I think that LR296 could not • Sen. Curt Friesen of Henderson; Control Act and the [state Liquor be more timely. I will not be the only • Sen. Steve Halloran of Hastings; Control] Commission’s rules and senator who will hear about facilities • Sen. Lou Ann Linehan of regulations apply,” Thibodeau said. in his or her district where individu- Elkhorn; Under the amendment, a bottle als who are vulnerable are not being • Sen. Dan Quick of Grand Island; club licensee cannot hold any other taken care of in the manner in which • Sen. Theresa Thibodeau of license under the Nebraska Liquor a proud Nebraskan should be. We Omaha; Control Act and is required to close should be ashamed of the way people • Sen. Lynne Walz of Fremont; and between 5 a.m. and 6 a.m. A club’s are treated in these facilities.” • Sen. Anna Wishart of Lincoln. private membership list will not be Bellevue Sen. also The oversight committee will issue made public except as required by a spoke in support, saying an oversight a report to the Legislature by Dec. 15, court order, warrant or subpoena. committee would bring together sena- 2018. The amendment was adopted on tors with a wide range of expertise to a vote of 34-0. address a broad range of complex As amended on general file, issues, including funding and legal LB1120 also: concerns, as well as knowledge of • allows Class C licensees with health policy. a bottling endorsement to in- As a longtime member of the Liquor law bill amended to crease the size of their growlers Health and Human Services Com- include bottle clubs, approved from 32 to 64 ounces; mittee, Crawford said the oversight • clarifies that the fees collected committee would complement, rather A bill that makes changes to the for beer shipper licenses are to than challenge, the standing commit- state’s liquor laws was amended to be deposited in the Nebraska tee’s authority. specify bottle club provisions and Beer Industry Promotional “This has been an effective tool given final approval April 18. Fund; when we have had a crisis before,” LB1120, introduced by Sen. Tyson • allows a party to apply for a she said. Larson of O’Neill, makes various rehearing when a liquor license Sen. of Ralston, chair- changes to the state’s liquor laws. It application is denied by the Li-

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018

quor Control Commission; and goal and to submit an annual report committees to use the least restrictive • creates the Music Licensing to the Clerk of the Legislature that regulation that “is necessary to protect Agency Act. includes the committees’ recommen- consumers from undue risk of present, The Music Licensing Agency Act dations on whether regulations should significant and substantiated harms requires a music licensing agency to be ended or modified. that clearly threaten or endanger the register with the state Department The bill also accelerates the process health, safety or welfare of the public of Revenue starting Jan. 1, 2019, and by which those with criminal histories when competition alone is not suf- file an annual electronic copy of each could determine whether their con- ficient and which is consistent with performing rights agreement that viction would disqualify them from the public interest.” provides for payment of royalties made obtaining an occupational license. The bill passed on a vote of 45-1. available from the music licensing A person with a criminal convic- agency to any Nebraska proprietor. tion may apply to an occupational Bill sends Cather, Chief A $10,000 fine will be imposed board at any time for a determination Standing Bear to U.S. Capitol for each 45-day period following each as to whether the person’s conviction Feb. 15 if a music licensing agency fails would disqualify him or her from Two different icons will represent to renew a registration or engages in obtaining a license. The board is Nebraska at the U.S. Capitol under business without registration. required to make its determination a bill passed by lawmakers April 18. Following adoption of the within 90 days of receiving an applica- The National Statuary Hall Collec- Thibodeau amendment on April 9, tion and could charge no more than tion, established by Congress in 1864, LB1120 was advanced to final reading $100 for each application. houses two statues that represent by voice vote. Lawmakers voted 48-0 The bill was amended on select important historical figures from each to pass the bill April 18. file, 42-0, to ensure that its provisions state. Statues of Julius Sterling Morton would not conflict with the state De- and William Jennings Bryan currently partment of Health and Human Ser- represent Nebraska. vices’ credentialing review program, Federal legislation passed in 2000 also called the 407 process. authorized states to request that one The 407 process reviews proposals or both statues be replaced by the Joint for changes in scope of practice or for Committee on the Library of Congress. Periodic legislative review of new credentialing of health professions. LB807, introduced by Omaha occupational licensing laws A technical review committee, the state Sen. Burke Harr, approved Board of Health and the director of directs the Ne- the Division of Public Health evaluate braska secretary of The Legislature will regularly re- the proposals to determine whether state to submit a view Nebraska’s occupational licens- they would benefit public health and request to approve ing laws under a bill passed April 18. welfare. They then submit reports to the replacement of LB299, introduced by Crete Sen. the Legislature’s Health and Human the Morton statue Laura Ebke, re- Services Committee to assist them in with one of Pulit- Sen. Burke Harr quires each leg- evaluating bills related to credentialing. zer Prize-winning author Willa Cather. islative standing The bill requires committees to A National Statuary Hall Selection committee to re- review those reports when developing Committee composed of members of view and analyze recommendations on occupational the Nebraska Hall of Fame Commis- approximately 20 regulations. sion will be tasked with selecting a percent of the oc- The amendment requires that, sculptor for the statue and securing Sen. Laura Ebke cupational regula- when analyzing health profession funding. tions under its jurisdiction each year regulations, the committees use the The bill also authorizes the replace- and all regulations under its jurisdic- least restrictive method of regulation ment of the William Jennings Bryan tion every five years. in the current law governing those statue with one of Chief Standing Committees are required to analyze professions. Bear. The costs associated with replac- whether a regulation uses the least For other professions, it directs ing both statues will be covered by restrictive method of accomplishing its

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 April 9 - 18, 2018 private donations. of state’s office, creates a deadline of Sen. John Murante, would require The bill passed on a 47-1 vote. midnight on that day. that the boundaries for legislative The bill passed on a 47-0 vote and districts, state Supreme Court districts Firearm public information takes effect immediately. and political subdivisions be deter- exemption approved mined by Nebraska’s total population Use of electronic poll books as determined by the U.S. Bureau of Lawmakers gave final approval approved the Census, less the noncitizen popu- April 11 to a bill that authorizes the lation of the state. withholding of certain public informa- Nebraska counties and election District lines for members of the tion relating to firearms. commissioners are authorized to use U.S. House of Representatives would Under current law, specific types electronic poll books under a bill given not be subject to the bill’s provisions. of information may be withheld from final approval April 18. A pending Government, Military the public unless disclosed in an open LB1065, introduced by Gretna and Veterans Affairs Committee court, open administrative proceeding Sen. John Murante, authorizes the amendment would remove state Su- or meeting or disclosed by a public use of electronic preme Court districts from the bill’s entity pursuant to its duties. poll books in all provisions. Murante said the state LB902, introduced by Brainard precincts in the constitutional provision underlying Sen. Bruce Bostel- state, beginning the bill applies unambiguously only man, adds to those July 1, 2019. If pro- to legislative districts. exemptions infor- vided, each EPB Murante said LB1115 would put mation regarding will contain the list into force a provision of the Nebraska firearm registra- of registered voters Sen. John Murante Constitution, which requires that ap- tion, possession, and the sign-in register for the precinct portionment be based on the popula- sale or use that is combined in one database. The EPB tion “excluding aliens.” He said that obtained by a gov- Sen. will include registration information the term “alien” was understood to ernment entity for an application or and the digital signature for registered refer to noncitizens when the current permit. Such information will, how- voters of the precinct. version of the state constitution was ever, be available to any federal, state, The bill passed 34-1. drafted in 1920. county or local law enforcement agency. The state excluded noncitizens The bill passed 47-0. Exclusion of noncitizen until the U.S. Census Bureau stopped population from redistricting asking the citizenship question in the Voter registration deadline process discussed 1960s, he said, and has not adhered to extended it since. The bureau produces a non- A portion of Nebraska’s redistrict- citizen population estimate that the Nebraska voters have more time on ing process would exclude the state’s state could be using to adhere to the the final day of online voter registra- noncitizen population under a bill constitutional requirement, he said. tion under a bill passed April 11. debated on general file April 9. “In my view, simply put, we don’t The deadline for online registration The Legislature is responsible for have a choice,” Murante said. “We have to vote in person on election day in drawing new governmental boundar- to enact legislation to effectuate this Nebraska is the third Friday before the ies every 10 years after the decennial provision of the [state] constitution.” election. The deadline is 5 p.m. unless census for districts pertaining to the Murante offered an additional otherwise speci- U.S. House of Representatives, Legis- amendment to specify that if the U.S. fied in state law. lature, Nebraska Supreme Court, Pub- Census asks the citizenship question LB1038, intro- lic Service Commission, University of in 2020, that information will be used duced by Omaha Nebraska Board of Regents and the to obtain the count of noncitizens Sen. Theresa state Board of Education. required in the bill. If the census does Thibodeau at the Redistricting will be undertaken not include that information, the request of the Ne- next in 2021. noncitizen estimate that the bureau braska secretary Sen. Theresa Thibodeau LB1115, as introduced by Gretna compiles annually would be used.

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He said that the Trump Adminis- tion’s language is plain and that law- treatment; and tration has announced that they are makers cannot ignore it. • have a recommendation from exploring the possibility of asking the “If this Legislature proceeds in his or her treating physician for citizenship question as part of the 2021 to move a district out of rural Ne- an investigational drug, biologi- 2020 census. braska and put it into Douglas County cal product or device. Lincoln Sen. Adam Morfeld op- because noncitizens are counted, I Under the bill, a manufacturer may posed the bill and offered a motion guarantee you there will be a lawsuit,” provide an investigational treatment to bracket it until April 18. He said he said. “The people of Nebraska are without compensation and is prohib- the provision in the state constitution not going to stand for that.” ited from seeking reimbursement for regarding the state’s “alien” popula- The Legislature moved on to anoth- such treatment if an eligible patient tion likely violates the Equal Protec- er item on the day’s agenda without dies while being treated. tion clause of the U.S. Constitution, taking any action on LB1115. Heartwell Sen. John Kuehn, who which would take precedence if the had expressed numerous concerns attempt to exclude noncitizens from about the bill on general file, offered the population count for redistricting an amendment to address those issues were challenged in court. during select file debate April 10. “This legislation is not necessary,” “[The amendment] takes away Morfeld said. “I believe it’s constitu- some of the potential financial risk tionally suspect.” Investigational drug use bill and ethical concerns, as well as in- Sen. of Lincoln amended, approved sures that there’s still accountability disagreed, saying the courts haven’t should a physician act outside of their directly addressed the issue and that Drugs in U.S. Food and Drug Ad- ethical framework within the state of states have wider latitude when it ministration clinical trials may be used Nebraska,” Kuehn said. comes to apportionment for state leg- by eligible Nebraska patients under a Adopted 38-0, the amendment re- islative districts in terms of population bill given final approval April 18. moved automatic immunity provisions deviation considerations. LB117, introduced last session for health practitioners and entities “If the reason that you’re thinking by Omaha Sen. , based solely on a provider’s recommen- about voting against this is because allows an eligible dation to an eligible patient regarding you think our constitutional provision patient under the access to or treatment with an investiga- is itself unconstitutional, I don’t think Investigational tional drug, biological product or device. there [are] grounds under Supreme Drug Use Act to Instead, the amendment specifies Court authority to make that deter- be treated with that a good-faith recommendation to mination, certainly as it stands today,” any drug, biologi- an eligible patient will not subject a Hilgers said. cal product or health care provider to discipline or Omaha Sen. Tony Vargas opposed medical device Sen. Robert Hilkemann an adverse licensure action. Penalties the bill and the amendments, saying that has successfully completed Phase under federal law are not precluded. the proposal could result in thousands 1 of a clinical trial but has not yet The amendment also: of the people in his district not being been approved for general use by the • specifies that the bill’s provi- counted for purposes of representa- FDA—provided that the drug remains sions apply only to a patient tion. The state should seek ways to in an FDA-approved clinical trial. whose condition likely will re- increase civic engagement rather than To be eligible, a patient must: sult in death within six months; finding ways to exclude individuals • have a documented, advanced • removes a provision that would who are taxpaying community mem- illness; preclude insurance companies bers but may not be citizens, he said. • have considered all other ap- from being responsible for any “I believe, inherently, that every proved treatment options; care consequent to using an single individual in our community • not be receiving inpatient treat- investigational treatment; and deserves a voice in the political pro- ment in a licensed hospital; • removes a provision that would cess,” Vargas said. • give written, informed consent reduce access to hospice care Murante said the state constitu- for the use of the investigational for individuals who use investi-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 April 9 - 18, 2018

gational treatments under the Sen. Mike Groene, therapy licensure compact; bill’s provisions. defines dog, cat • LB788, introduced by Ralston Hilkemann supported the amend- and equine mas- Sen. Merv Riepe, which re- ment, which he said made the bill better. sage practice as quires certain providers to “We can’t forget what we’re do- the application of enroll in opiate administering ing,” he said. “We’re helping people hands-on massage and prescribing continuing who are suffering [and] near the end techniques for the education; of their life.” purpose of increas- Sen. Mike Groene • LB790, in- Following adoption of the Kuehn ing circulation, relaxing muscle spasms, troduced by amendment, lawmakers advanced relieving tension, enhancing muscle Crete Sen. LB117 to final reading on a 29-9 vote tone and increasing range of motion. Laura Ebke, on April 10. The bill passed April 18 An individual who engages solely which pro- on a 35-13 vote. in dog, cat or equine massage practice vides for li- is not subject to the Veterinary Medi- censure of Sen. Laura Ebke Assisted living updates approved cine and Surgery Practice Act. mobile cosmetology and nail LB596 passed on a vote of 46-0. technology salons; Lawmakers passed a bill April • LB794, introduced by Riepe, 11 intended to improve the services Omnibus occupational which removes a current ban provided by Nebraska assisted living licensure bill approved on consuming, serving, pos- facilities. sessing or distributing alcohol LB439, sponsored by Lincoln Sen. A bill that makes numerous chang- by entities operating under Anna Wishart, permits an assisted es to licensure requirements for health- the Cosmetology, Electrology, living facility nurse related occupations passed April 18. Esthetics, Nail Technology, and to provide nursing Introduced by Gothenburg Sen. Matt Body Art Act; care to residents on Williams, LB731 al- • LB1042, in- a part-time, inter- lows a pharmacy troduced by mittent basis. Such to provide remote Omaha Sen. care is defined as dispensing at a lo- Sara How- less than 10 hours cation staffed by ard, which each week for each Sen. Anna Wishart a certified phar- addresses resident, with a predictable end time macy technician regulation within a 21-day period. and owned by a Sen. Matt Williams and licen- Sen. Sara Howard The bill also requires assisted living supervising pharmacy licensed and sure under the Act; and facilities to disclose in writing if brief located in the state. • LB1107, introduced by Elk- nursing care is available in their facility A remote pharmacy must be lo- horn Sen. Lou Ann Linehan, and updates a variety of definitions. cated at least 10 driving miles from which re- Any expenses resulting from the the nearest pharmacy and dispensing duces licen- bill will be paid from the Nebraska must occur under remote supervision sure hour re- Health Care Cash Fund for fiscal year via a real-time audiovisual communica- quirements 2018-19 and FY2019-20. tion system by a licensed pharmacist for barbers, LB439 passed on a vote of 47-0. employed by a supervising pharmacy. cosmetolo- LB731 includes provisions of six gists, esthe- Animal massage bill passed additional bills: ticians and Sen. Lou Ann Linehan • LB681, intro- nail technologists. Lawmakers gave final approval duced by Bel- The bill passed on a 49-0 vote. April 11 to a bill intended to enable levue Sen. the practice of equine, dog and cat , massage in Nebraska. which adopts LB596, sponsored by North Platte the physical Sen. Carol Blood

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018

Developmental disability disabilities who are graduating from Sen. Joni Al- entitlement eliminated, aging Nebraska high schools. He said that brecht, which resource center pilot extended without the amendment, the bill changes cre- would have a fiscal note of approxi- dentials and An entitlement that prioritized mately $5 million. regulations services for high school graduates The amendment also clarifies the for substance with developmental disabilities was type of services that will be available abuse cen- eliminated by a bill passed April 18. under the program and limits the ters; Sen. Joni Albrecht The entitlement was halted for bill’s provisions related to aging and • LB686, sponsored by Bellevue fiscal year 2017-18 and FY2018-19 disability resource centers. Sen. Carol Blood, which adopts during the 2017 legislative session in LB793 contains provisions of the Psychology Interjurisdic- order to bring Nebraska into compli- Lincoln Sen. Kate tional Compact; ance with federal law. The entitlement Bolz’s LB1004, • LB703, sponsored by Seward prioritized services for graduates or which extend a pi- Sen. , which those reaching age 21, which violates lot program that provides an a federal requirement that the state requires the state’s exemption first serve individuals with the highest area agencies on from Nebras- priority status. aging to establish ka’s unlaw- LB793, as intro- partnerships with Sen. Kate Bolz ful practice duced by Ralston one or more lead organizations that of medicine Sen. Merv Riepe, specialize in serving people with dis- statutes for permanently elimi- abilities to develop an ADRC plan. physicians Sen. Mark Kolterman nates the entitle- The Riepe amendment limits that from another state who accom- ment, which other- provision to area agencies on aging pany an athletic team or organi- wise would have re- that choose to receive funding from zation into the state for an event; sumed in FY2020. Sen. Merv Riepe the department for that purpose. • LB704, sponsored by Kolter- As amended during general file Following adoption of the Riepe man, which reduces the require- debate April 6, the bill creates a safety amendment on a 41-0 vote, LB793 ment for licensure of physician net that will be triggered to require the advanced to final reading April 10 graduates of foreign medical state Department of Health and Hu- by voice vote. The bill passed April schools from three to two years; man Services to provide comparable 18 on a 46-1 vote and takes effect im- • LB894, sponsored by Bellevue services only to high school gradu- mediately. Sen. Sue ates if the department does not have Crawford, enough funds to provide services to all Omnibus public health measure which adopts eligible individuals under the waiver. passed the Emergen- The provision will sunset June 30, cy Medical 2021, which Riepe said will provide Lawmakers passed an omnibus Services Per- enough time to demonstrate that public health measure April 18. sonnel Licen- individuals are being funded through LB1034, sponsored by Ralston Sen. sure Interstate Sen. Sue Crawford the Medicaid waiver. Merv Riepe, requires the standards Compact, known as REPLICA; Riepe offered an amendment dur- of care and protection for school-age • LB924, sponsored by Riepe, ing select file debate April 10 that lim- child care programs located within an which changes provisions within its the bill’s provisions to individuals accredited or approved school to meet the EMS Practice Act, Occupa- who are transitioning from the educa- the same standards of an accredited or tional Therapy Practice Act and tion system upon reaching age 21 on approved school under state Depart- Uniform Credentialing Act; or after July 1, 2019. ment of Education regulations. • LB1035, sponsored by Riepe, He said the change ensures that the The measure contains provisions which makes a technical change state’s safety net program will apply of eight additional bills: to the state’s Stroke System of only to residents with developmental • LB344, sponsored by Thurston Care Act; and

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 April 9 - 18, 2018

• LB1057, LB1119, sponsored by Ralston Sen. than the average price paid by the sponsored Merv Riepe, creates a pilot program for insurer for that health care service. by Heartwell state employees eli- Individuals will receive at least 50 John Kuehn, gible to participate percent of the insurer’s saved costs for which chang- in the Nebraska each service chosen. es provisions state health insur- Lawmakers passed LB1119 on a relating to ance program. The 42-2 vote. the prescrip- Sen. John Kuehn three-year pilot tion drug monitoring program. program will begin The bill passed on a 49-0 vote. in fiscal year 2019- Sen. Merv Riepe 20 and require that the state insurance Early miscarriage commemo- program include at least two primary rative certificates approved care options—one high-deductible Emancipation process and one low-deductible—for state approved for minors A bill authorizing the provision employees. of a commemorative certificate of The University of Nebraska system, The Legislature passed a bill April nonviable birth for early miscarriages state colleges and community colleges 11 that allows certain minors to seek passed April 11. are not included in the pilot program. legal independence. LB1040, sponsored by Thurston Providers will receive a monthly LB714, intro- Sen. Joni Albrecht, payment of a per-member, per-month duced by Omaha requires a health fee for each enrollee and be required Sen. Sara Howard, care practitioner to continuously monitor care quality allows minors at who attends or di- measurements. The state Department least 16 years old to agnoses a nonvi- of Administrative Services will provide seek emancipation able birth, or his the Legislature an annual report on from their parents or her designee, to the clinical and financial performance or guardians. Sen. Sara Howard Sen. Joni Albrecht advise the patient of the program. After a motion to grant emancipa- that they can request a certificate of The bill includes provisions of tion is filed and the individual’s par- nonviable birth. LB604, also sponsored by Riepe, ents or guardians have been notified, The certificate will be issued by which adopt the Nebraska Right a judge would determine whether or the state Department of Health and to Shop Act. The act applies to any not the minor possesses the maturity Human Services within 60 days of health insurance carrier in the state and knowledge to sufficiently manage request for a fee not to exceed the cost that elects to be subject to it and gives his or her affairs and finances. of issuing the certificate. DAS the discretion to develop and The court will hold an initial hear- The commemorative certificate implement a right-to-shop program ing on the petition no sooner than 45 will not result in the registration of a for state employees. days after the petition is filed and no live birth or be used to calculate live The act requires participating in- later than 60 days of filing. The peti- birth statistics. The certificate also surers to disclose the allowed amount tioner will be required to notify his or cannot be used in support of a civil for a nonemergency admission, proce- her parent, legal guardian or nearest action seeking damages for injury or dure or service within three working known relative residing in Nebraska wrongful death. days. The information provided to a of the hearing at least 30 days before LB1040 passed on a 44-1 vote. patient or prospective patient by the the hearing date. insurance carrier also must identify A parent or legal guardian can file Direct primary care pilot out-of-pocket costs. an objection to the petition for eman- program approved Participating insurers are required cipation within 30 days of receiving to develop and implement a program notice of the hearing. Lawmakers passed a bill April 11 that provides incentives for insured If emancipation is granted, the that creates a pilot program offering individuals who opt for services from minor legally is allowed to incur debt, direct primary care to state employees. network providers that charge less sign contracts, acquire property, file

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018 litigation, consent to medical services, potential history being a victim or develop an accelerated release plan enroll in any school or college and perpetrator of sexual abuse. for inmates under a bill passed by the establish his or her own residence. The bill passed on a 49-0 vote. Legislature April 11. Emancipation status will not affect Introduced by Lincoln Sen. Patty a minor’s status in any juvenile court Bill to control high-cost calls Pansing Brooks, LB841 calls for an proceedings. for inmates passed accelerated re- Any person can file a motion to lease plan to go void an emancipation decision if the Senators passed a bill April 11 that into effect if the minor becomes indigent or unable to will improve inmates’ access to com- department is financially support themselves or if munication. operating at 140 the emancipation is obtained through LB776, introduced by Omaha Sen. percent of ca- fraud, misrepresentation or the with- John McCollister, pacity on July 1, holding of relevant information. requires county 2020. The plan Sen. Patty Pansing Brooks Likewise, a minor can file a written and city jails to will remain in place until the inmate objection in response to any such peti- provide inmates population reaches 125 percent of tion to rescind an emancipation order. with affordable capacity. Finally, the bill clarifies that in communication The plan will provide a process for the event an emancipation order is by telephone or the department director to certify that rescinded, the parents or legal guard- videoconferencing Sen. John McCollister an overcrowding emergency exists, pre- ian are not legally liable for any debts with their families and legal counsel. pare and submit a list of parole-eligible incurred by the minor during the Under the bill, each jail can estab- inmates to be considered for acceler- period of emancipation. lish a prepaid or collect telephone ated release and develop a process The bill passed on a 45-1 vote. system, or a combination of both. by which the board of parole would Inmates’ family members can deposit examine inmates for potential release. Civil liability for foster care money into a prepaid account with The department’s plan must be misrepresentation approved a third-party provider of telephone delivered to the Legislature no later services to cover the cost of the call. than Dec. 1, 2018. The state Department of Health The bill ensures that phone calls The bill includes provisions of four and Human Services can be held liable or videoconference sessions between additional bills, including: in certain civil proceedings under a an inmate and an attorney are free of • LB366, introduced by Hastings bill passed by the Legislature April 18. charge. Monitoring or recording of Sen. Steve Halloran, which Under LB729, introduced by such communications is prohibited. changes the Omaha Sen. Justin Wayne, state agen- City and county jails that generate name of the cies and their em- revenue from inmate phone calls can Office of Pa- ployees no longer retain such revenue to fund inmate role Admin- will have legal im- programs, so long as it is not excessive. istration to munity from civil The Jail Standards Board will consider the Division claims arising from the acceptable rates set by the Federal of Parole misrepresentation Communications Commission in set- Supervision Sen. Steve Halloran or deceit under the ting comparable rates for city and and places the division within State Tort Claims Sen. Justin Wayne county jails. the Board of Parole; Act, which can make those parties li- The bill passed on a 38-8 vote. • LB692, in- able in civil court proceedings. troduced by Specifically, the department can Requirement for correctional Bellevue Sen. be liable if it fails to inform potential overcrowding emergency plan Carol Blood, adoptive or foster parents of issues approved which di- relating to a state ward’s behavioral rects the de- health, mental health, or educational The state Department of Cor- partment to or medical history, including a ward’s rectional Services will be required to complete a Sen. Carol Blood

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 April 9 - 18, 2018

comprehensive analysis of its Lincoln Sen. Patty Pansing Brooks person experiencing the overdose also system-wide staffing needs and introduced an amendment, adopted is legally immune. provide a report to the Legisla- 37-0 April 10, which incorporates pro- The bill eliminates a provision in ture by Sept. 15, 2020 and every visions of her LB1051. As amended, statute that the minor be the first six years thereafter; these set forth county court proce- person to call for assistance to qualify • LB852, introduced by Lincoln dures and practices relating to family for immunity. Sen. Kate Bolz, which autho- member visitation petitions when it is The bill passed on a 44-1 vote. rizes the de- alleged that visitation has been denied partment to arbitrarily. Guns prohibited for certain allow an in- She said the change provides clear juveniles mate to tem- guidance to courts when dealing with porarily leave petitions authorized by her LB122, Certain adjudicated youth will be a facility to passed in 2017. temporarily barred from possessing participate The bill passed on a 49-0 vote. firearms under a bill passed by the in substance Sen. Kate Bolz Legislature April 11. abuse treatment, attend reha- Bill clarifying legal immunity Under LB990, introduced by bilitative programming or seek for overdoses passed Omaha Sen. Justin residency or employment; and Wayne, a person • LB932, introduced by Omaha The Legislature passed a bill April younger than 25 Sen. Sara Howard, which re- 11 that extends legal immunity to will be prohibited quires the department’s medi- certain law enforcement employees from possessing a cal director who deal with drug overdose victims. firearm if they have to establish a A 2015 bill passed by the Legisla- been adjudicated protocol for ture exempts an individual from pros- in juvenile court Sen. Justin Wayne determining ecution who prescribes or dispenses of a misdemeanor domestic violence whether an naloxone to a person experiencing an charge or any felony. inmate soon opioid-related overdose. Naloxone is A person who violates the bill’s to be released a medication that reverses the effects provisions will be guilty of a Class should be Sen. Sara Howard of opioids. IV felony, which carries a penalty of prescribed and dispensed a LB923, introduced this session up to two years imprisonment with medication-assisted treatment to by Lincoln Sen. one year of post-release supervision, reduce or eliminate an inmate’s Adam Morfeld, a $10,000 fine or both. Second and use of opiates upon release. adds law enforce- subsequent offenses are a Class IIIA The bill passed on a 42-1 vote. ment employees to felony, which carries a penalty of up the list of people to three years imprisonment and 18 Child custody cannot be denied who receive such months post-release supervision, a due to disability an exemption. $10,000 fine or both. The bill defines Sen. Adam Morfeld The prohibition does not apply to The Legislature passed a bill April law enforcement employee as an em- the possession of firearms by members 18 that protects the custodial rights of ployee of a law enforcement agency of the U.S. Armed Forces, National people with disabilities. or agency contractor, or its employee, Guard, Reserve Officers Training LB845, introduced by Albion who regularly handles, processes or is Corps, or law enforcement officers Sen. , likely to come into contact with evi- while on duty or during training. prohibits a court dence or property containing opioids. A person subject to the bill’s from giving custo- Further, the bill clarifies that a provisions can file for an exemption. dial preference to minor who reports a possible alcohol The court will consider the person’s a parent based on overdose is legally immune only if he behavior following adjudication, their the disability of a or she makes a good faith request for likelihood of recidivism and any other parent. emergency medical assistance. The relevant information. Sen. Tom Briese

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018

When a petition initially is filed in the person that identify him or juvenile court charging a juvenile with her as having a trafficker; a misdemeanor domestic violence • testimony or affidavits from or felony charge, the court will be those with firsthand knowledge required to inform the juvenile of the of the person’s involvement in specific legal impact on the juvenile’s the commercial sex trade; OPS, omnibus retirement bill rights to possess a firearm. • financial records showing prof- approved The bill passed on a 41-0 vote. its from the commercial sex trade; Lawmakers passed a bill April 18 Convictions to be set aside for • internet listings, print advertise- that makes numerous changes to the sex trafficking victims ments or business cards used to state’s retirement plans. promote the person for com- LB1005, introduced by Seward Victims of sex trafficking can have mercial sex; or Sen. Mark Kolt- their convictions set aside and their • emails, texts or voicemail re- erman, addresses court records sealed under a bill cords between the person and the withdrawal of passed by the Legislature April 11. the trafficker or solicitors of sex. a county or school Under LB1132, a bill introduced If a set aside is granted, it will entity from the by Lincoln Sen. nullify the conviction and remove all state’s retirement Patty Pansing civil disabilities and disqualifications plans. The bill au- Brooks, a victim imposed as a result of the conviction. thorizes the Public Sen. Mark Kolterman of sex trafficking Upon receiving a set aside, the victim Employees Retirement Board (PERB) can file a motion can file to have his or her criminal and the Nebraska Public Employees to set aside a record sealed. Retirement System (NPERS) to act if criminal convic- The bill includes provisions of an employer in the county or school tion or adjudica- Sen. Patty Pansing Brooks LB855, introduced plan makes a business decision to tion of a prostitution-related offense. by Omaha Sen. withdraw from the plan in whole or The victim will be required to . in part. submit evidence proving that he or These allow a per- The PERB and NPERS are granted she was a victim of sex trafficking at son who has re- authority that: the time the crime was committed. ceived a pardon • allows the PERB to determine Evidence considered by the court can to file to have his employer and employee eligibil- include a copy of an official record, or her criminal re- Sen. Brett Lindstrom ity to participate in the retire- certification or eligibility letter from a cord sealed. ment systems; federal, state, tribal or local proceeding Provisions of Omaha Sen. Sara • allows employers to request an indicating that the person was a victim Howard’s LB897 also are included in actuarial study that calculates of trafficking. the bill. These remove a mandatory what the employer needs to pay The court also can consider an reporting requirement that medical to fund the retirement benefits affidavit or sworn testimony from professionals contact law enforcement for plan members affected by an attorney, member of the clergy, a when a patient is suspected to be a the employer’s business trans- medical professional, staff member of victim of sexual assault. actions; a victim services organization or other The medical professional now • provides direction on how the professional from whom the victim must secure written consent from the actuarial study calculates the sought assistance in addressing trauma patient before contacting law enforce- employer’s liability to fund the related to trafficking. ment. retirement benefits for affected A judge can consider additional The bill passed on a 45-0 vote. plan members; and evidence in determining the credibility • outlines how the employer of the person as a victim of trafficking, would pay for the actuarial such as: study and the amount necessary • branding or other tattoos on to fund the retirement benefits

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 April 9 - 18, 2018

for affected plan members. by the University of Nebraska the federal tax code in December with Under the bill, affected employees and does not contain tax dollars. the Tax Cuts and Jobs Act. Papillion who are terminated from the retire- LB1005 passed on a 48-0 vote. Sen. Jim Smith, ment plan will be considered fully sponsor of LB1090, vested and considered inactive within has said that be- 90 days of an entity’s withdrawal or cause Nebraska’s determination of ineligibility. On or tax law is tied to after Jan. 1, 2019, no county hospital the federal code facility may elect or discontinue par- Indexing of Social Security tax in several places, ticipation in the retirement system. Sen. Jim Smith exemption thresholds approved automatic changes The bill also includes provisions to the state’s tax code would generate of an amendment to LB548, a bill Income thresholds the state uses more than $220 million in additional introduced last session by Omaha to determine whether Social Security state revenue this year. Sen. Brett Lindstrom. Originally benefits are exempt from taxation will The repeal of the federal personal the bill would have consolidated the be indexed for inflation under a bill exemption effectively repealed Ne- Class V (Omaha) School Employees passed by the Legislature April 11. braska’s personal exemption credit, Retirement System (OSERS) with the Under current law, federal adjusted which is tied to the federal exemption. School Employees Retirement Plan. gross income for state tax purposes To offset this change, LB1090 creates Those provisions were replaced by is reduced by the amount received a new $134 state personal exemption an amendment adopted this session as Social Security benefits if AGI is credit that individuals may claim for that change definitions in the Class $58,000 or less for those married fil- themselves and each of their depen- V School Employees Retirement Act ing jointly or $43,000 or less if filing dents beginning in 2018. to reflect new actuarial assumptions as an individual. Congress also made changes to regarding mortality tables and inter- LB738, introduced by Omaha Sen. itemized deductions, exemptions for est rates. Brett Lindstrom, capital expenditures and the federal The provisions also insert a new indexes those ex- standard deduction. To offset those definition of solvency as the actuarially emption thresh- changes, LB1090 establishes a Ne- required contribution (ARC) amount olds for inflation braska standard deduction of $6,750 as annotated in each annual valuation in the same way for single taxpayers, $9,900 for head report. The school district is required the state’s income of household filers and $13,000 for to deposit the annual ARC into the tax brackets are in- those who are married filing jointly. retirement fund by Aug. 31. dexed, beginning Sen. Brett Lindstrom The bill also adjusts individual in- Also included in LB1005 are with tax year 2020. come tax brackets, the personal exemp- provisions of three additional bills The state Department of Revenue tion credit and the standard deduction introduced by Kolterman: estimates that the bill would decrease based on the Consumer Price Index • LB698 makes permissive the state revenue by $1.3 million in fiscal for All Urban Consumers instead of promulgation of rules and regu- year 2019-20. That would increase to the new federal indexing method. lations by plans administered $3.9 million by FY2021-22. The state Department of Revenue by PERB; Senators voted 44-2 to pass the bill. estimates that the bill will reduce state • LB699 harmonizes language tax revenue by $326 million in fiscal in the state plans that inad- State personal exemption year 2018-19 and a further $257 mil- vertently was left out of a bill credit, standard deduction lion in FY2019-20. passed last session; and approved The bill passed on a vote of 44-0. • LB700 removes the obligation of the state investment officer Senators passed a bill April 11 and the Nebraska Investment intended to prevent a tax increase Council to invest the funds in on Nebraskans as a result of recent the University Trust Fund. The changes to federal tax law. fund is overseen and managed Congress made several changes to

PAGE 20 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018

Economic Development and the tive and efficient ways to use director of the state Department of federal broadband rural infra- Agriculture. Additional members will structure funds. be appointed by the governor, includ- The Nebraska Information Tech- ing representatives from the state’s nology Commission will host a Rural Extension of superintendent agribusiness, business, telecommuni- Broadband Task Force Fund to pay license approved cations, public power and educational for the study, which initially will be communities. funded by a $50,000 transfer from Lawmakers passed a bill April 10 The Transportation and Telecom- the Nebraska Internet Enhancement that extends the duration of certain munications Committee chairperson Fund. superintendent licenses. and another member of the Legis- A final report of the task force’s Under LB733, introduced by Oma- lature appointed by the Executive findings will be delivered to the Legis- ha Sen. Theresa Thibodeau, the dura- Board will serve as nonvoting, ex lature’s Executive Board no later than tion of a Class B officio members. The chairperson of Dec. 1, 2019. county highway or the Nebraska Information Technology LB994 also authorizes the Ne- city street super- Commission will chair the task force. braska Public Service Commission intendent license It will study issues relating to the to withhold funding from companies changes from one availability, adoption and affordability that have not provided adequate to three years. The of broadband services in rural areas of broadband internet to unserved or un- renewal fee in- the state. Specifically, the task force derserved areas. The withheld funds creases from $10 Sen. Theresa Thibodeau will: could be used to institute a reverse annually to $30 every three years. • determine how the average ad- auction program that would award The bill also allows those holding vertised subscription rates and funding to broadband internet service Class A and Class B licenses to renew download and upload speeds providers to support high-speed inter- both at once. compare with neighboring states; net infrastructure deployment projects The bill passed on a 45-0 vote. • determine whether the ad- in these areas. ministration of the Nebraska Such funding must be used only in Study of rural broadband Telecommunications Universal the exchange area where it originally availability due in 2019 Service Fund is effective in was granted. bringing comparable and af- The commission will establish a A proposal to study expanding fordable broadband service to registry of locations within the state high-speed internet access to rural rural residents; that receive complaints of a lack of areas of the state was passed by the • review the feasibility of alterna- wireless coverage. The annual report Legislature April 11. tive technologies and providers will be publicly available and can be Henderson Sen. Curt Friesen in- in expediting access to faster used in future funding decisions. troduced LB994, and more reliable broadband Finally, the bill includes provisions which creates the service in rural areas; of LB966, also introduced by Friesen. Rural Broadband • study alternatives for deploy- These exempt the sale, lease or rental Task Force to as- ment to unserved or under- of and the storage, use or consump- sist in developing served areas such as reverse auc- tion of dark fiber from state sales and enhanced broad- tion programs, public-private use taxes. band telecommu- partnerships and funding for The bill passed on a 48-0 vote nications service Sen. Curt Friesen competitive deployment; to unserved and underserved areas in • recommend state policies to Highway speeds increased rural Nebraska. effectively leverage state Uni- Membership on the task force will versal Service Fund dollars with Lawmakers passed a bill April 11 include a member of the Nebraska federal support; and that authorizes the state Department Public Service Commission, the • recommend to the governor of Transportation to increase highway director of the state Department of and Legislature the most effec- speed limits.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 April 9 - 18, 2018

LB1009, introduced by Gretna development project eligible for TIF. “Twenty-one communities submit- Sen. John Mu- During second-round debate April ted grant applications for more than rante, authorizes 10, Stinner said that demand for such double the amount of dollars that the department to homes is high in rural communities we have in the program,” Williams increase the maxi- across the state, from Scottsbluff to Kear- said, “showing clearly that there is a mum speed limit ney to Norfolk. Allowing TIF to be used demonstrated need for rural workforce from 60 mph to for construction of those homes would housing.” 65 mph on any make them more affordable, he said. Omaha Sen. Justin Wayne also four-lane divided Sen. John Murante The bill requires a municipality to introduced an amendment on select highway that is not a part of the state conduct a housing study, prepare an file, adopted 39-1, that allows the use highway system and any part of the incentive plan for the construction of TIF to finance workforce housing state highway system other than an of housing meant for new or existing in areas with high unemployment and expressway or freeway. workers and hold a public hearing on poverty rates within cities. Speeds will increase from 65 mph the plan. As amended, a public hear- “The issue in some small towns to 70 mph on expressways that are ing on a workforce housing incentive across Nebraska are no different than part of the state highway system and plan would be separate from a public many issues that we face in North freeways that are a part of the state hearing on a TIF redevelopment plan. Omaha when it comes to housing,” highway system but not part of the After the hearing, the municipality he said. “There is a gap that we have National System of Interstate and will be required to determine that the to fill.” Defense Highways. plan is necessary to prevent the spread Sen. Mike Groene of North Platte Finally, the maximum speed limit of blight and substandard conditions opposed the bill during select file will be increased from 60 mph to 65 within the municipality, will promote debate. He said TIF was conceived to mph on any portion of the National additional safe and suitable housing help cities redevelop blighted and sub- System of Interstate and Defense for people employed there and will not standard areas, not to boost economic Highways located in Douglas, Lan- result in the unjust enrichment of any development. Using TIF for housing caster and Dakota counties. individual or company. construction would divert property tax The bill passed on a 44-1 vote. Sen. Matt Williams of Gothenburg revenue away from schools and other introduced an amendment on select local government entities and distort file, adopted 34-6, that restricts the the housing market, he said. bill’s provisions to rural communities, “Do you believe in the free mar- which the amendment defines as any kets at all?” Groene said. “If there is municipality in a county with fewer demand for housing, it is being built.” than 100,000 inhabitants. Also in opposition was Columbus Tax incentive approved for The amendment also defines Sen. Paul Schumacher. If a city allows workforce housing construction workforce housing as owner-occupied one developer to use TIF, all of its Certain cities may use tax incre- housing units that cost no more than competitors will want it too, he said, ment financing to support the con- $275,000 to build or rental housing and cities that choose not to grant TIF struction of workforce housing under units that cost no more than $200,000 for single-family housing projects will a bill passed by lawmakers April 18. to build. lose those projects to cities that do. As introduced by Gering Sen. John Williams, who supported the bill, “If you start this intercommunity Stinner last session, said those criteria are consistent with war,” Schumacher said, “you will never LB496 would have LB518, passed by the Legislature last have any number of houses built with- authorized cities year, which set aside $7 million to pro- out TIF.” of the first and vide matching grants to nonprofits to Sen. Curt Friesen of Henderson second class and build workforce housing in rural com- also opposed the bill. He said he sup- villages to include munities. He said the program began ports the use of TIF to build infrastruc- the construction in January and already has stopped ture—such as streets, sewer systems and of single-family or Sen. John Stinner accepting applications because of high water systems—that supports private multi-family housing as part of a re- demand. development, but he opposes its use

PAGE 22 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 9 - 18, 2018 for building houses. references to municipal popula- • LB756, introduced by Lincoln “If we would focus on bringing tion thresh- Sen. Adam Morfeld, which pro- more jobs—better paying jobs—to the olds, provid- hibits munic- state and to the rural areas,” he said, ing that such ipalities from “we wouldn’t have to worry about thresholds adopting or subsidizing housing.” are met based enforcing an Stinner filed a motion to invoke on either the ordinance cloture, or cease debate and vote on most recent or regulation the bill. The motion prevailed on a federal decen- Sen. that prohib- vote of 33-11. Thirty-three votes were nial census or the most recent its the use of Sen. Adam Morfeld needed. revised certified count by the a property as a short-term rent- Senators then voted 34-6 to ad- U.S. Bureau of the Census; al, unless necessary to protect vance the bill to final reading. • LB765, introduced by the Ur- public health and safety. Stinner filed another cloture mo- ban Affairs Committee, which Lawmakers passed LB873 on a 26- tion on final reading April 18. It pre- amends sections of law govern- 15 vote. g vailed on a vote of 34-10, and the bill ing first class cities to clarify was passed on a vote of 35-8. that they apply only to first class cities; Urban affairs omnibus bill • LB768, introduced by Grand approved Island Sen. Dan Quick, An omnibus Urban Affairs mea- which autho- sure was given final approval April 18. rizes first- and LB873, introduced by the Urban second-class Affairs Committee, makes a variety of cities and vil- clean-up changes to state law related lages to make to the governing of cities, including grants and Sen. Dan Quick clarifying terms and eliminating an- loans under the Local Option tiquated and unnecessary language. Municipal Economic Develop- The measure contains provisions ment Act for early childhood of seven additional bills: infrastructure development; • LB735, introduced by Bel- • LB880, introduced by Hansen, levue Sen. Carol Blood, which which requires cities to include clarifies that an early childhood element in municipali- their comprehensive plans no ties have the later than Jan. 1, 2022, either authority to when adopting a new or updat- This is the final enter into ing an existing comprehensive weekly issue of an interlocal plan; agreement • LB854, introduced by Quick, the Unicameral with a coun- Sen. Carol Blood which allows any Nebraska mu- Update for 2018. ty in which the extra-territorial nicipality to create a land bank zoning jurisdiction of the mu- under the Nebraska Municipal Look for our nicipality is located to provide Land Bank Act and clarifies for joint and cooperative action that land banks may enter into annual session to abate, remove or prevent agreements under the Interlocal review issue in nuisances within the ETJ; Cooperation Act for the joint • LB748, introduced by Lincoln administration of multiple land May. Sen. Matt Hansen, which clarifies banks; and

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

Speaker Jim Scheer holds his grand-daughter, Stella, in the Norris Chamber on the final day of the legislative session.