Vol. XXXVI No. 4 UNICAMER AL January 28 - February 1, 2013
THE NEBRASKA LEGISLATURE’S WEEKLY NEWS PUBLICATION Stories published daily at update.legislature.ne.gov UPDATE Bills would exempt social security, military retirement benefits from income taxation he Revenue Committee heard testimony Jan. 30 and 31 on seven bills that each would exempt T some or all retirement income from taxation. Currently, income tax is levied on social security benefits above set levels — $25,000 for single people and $32,000 for married people filing jointly. The proposals included: • LB17, introduced by Omaha Sen. Jeremy Nor- dquist, which would raise the base levels at which social security benefits are taxed to $60,000 for single persons and $80,000 for married couples filing jointly; • LB74, introduced by Fremont Sen. Charlie Janssen, which would exempt all social security benefits from income taxation; • LB238, introduced by Bellevue Sen. Sue Craw- ford, which would exempt portions of both social security benefits and retirement income from state income taxes; • LB5, introduced by Omaha Sen. Bob Krist, Sen. Jeremy Nordquist explains LB17 to the committee. (continued on page 2) Downsizing of OPS board amended, advanced bill that would change the size dealing with multiple issues at OPS. board,” Chambers said. “The board and structure of the Omaha “This has to happen now for the simply ‘rubber stamps’ whatever the A Public School (OPS) board good of the district and the good of all superintendent tells them to.” was advanced from general file Jan. 31. students,” he said. “We need a board A Government, Military and Vet- LB125, introduced by Omaha Sen. that reflects the aspirations of what we erans Affairs Committee amendment, Scott Lautenbaugh, would reduce board want from OPS.” adopted 37-0, removes an original membership from 12 to nine members. Omaha Sen. Ernie Chambers also provision of the bill that would have Election of school board members would supported the bill, which he said seeks instituted term limits of two consecu- be changed to coincide with the citywide to address systemic inefficiencies of tive four-year terms with an allowance election instead of the general election. the board. to run for a board position again after Lautenbaugh said the proposed “The public doesn’t feel like they a four-year hiatus. changes are a necessary first step in get serious consideration before the Norfolk Sen. Jim Scheer opposed (continued on page 3)
INSIDE: Workers’ comp mental injury coverage advanced • Meet Sen. Crawford • Hearing schedule January 28 - February 1, 2013
Bills would exempt social security, military retirement benefits from income taxation (continued from front page) which would exempt all social friendly climate for retirees in Nebras- tor for the University of Nebraska at security and military retirement ka,” Nordquist said. “Putting money Omaha’s Center for Public Affairs benefits from income taxation; in their pockets will create immediate Research, testified Jan. 30 in a neutral • LB75, introduced by Janssen, economic activity.” capacity. He said if retirees continue to which would exempt military Krist said retaining military retir- leave the state at current levels, the loss retirement benefits up to $24,000 ees — many in their 40s and 50s upon in population could have far-reaching per individual and $48,000 for retirement — should be a priority for effects. married couples filing jointly; and the state. “If people aged 55 to 74 continue • LB176, introduced by Papillion “We have an incredible brain trust to move out of the state at current Sen. Jim Smith, which would in the military and that needs to stay rates, they will likely take a Nebraska phase in an income tax exemp- in Nebraska,” he said. “No matter how congressional seat with them,” he said. tion on all military retirement we get to that point, we need to get Open Sky Policy Institute executive benefits over a 10-year period; and there this year.” director Renee Fry opposed income • LB227, introduced by Papillion Roger Rea, president of NSEA- tax exemptions. She said empirical data Sen. Bill Kintner, which would Retired, testified in support of the bills. does not support the assertion that re- phase in an income tax exemp- He said retirees put their money directly tirees leave the state because of income tion on all retirement income back into the economy and that money taxation on social security benefits. over a three-year period. should stay in Nebraska. “The research fails to find any cor- Nordquist said the current base “Retirees represent a huge eco- relation between migration and taxes,” levels were set in 1984 and have not nomic engine in the state,” he said. she said. “It’s a slippery slope when you been adjusted for inflation since. He “It’s time to return the money to its start to carve out exemptions for one said his bill is about achieving a level rightful owners — the recipients of group and not another.” of tax fairness. social security benefits.” The committee took no immediate “We want to create a more tax David Drozd, research coordina- action on any of the bills. g Downsizing of OPS board amended, advanced (continued from front page) the bill, saying it is a direct and unnecessary challenge to local control of school boards. “Elections are a crapshoot and student achievement should not be at the whims of a crapshoot,” he said. “We can’t go around each time a board is having difficulties and change the size of the board.” Saying there is a causal relationship between school board size and student performance, Lincoln Sen. Bill Avery said a large board can lead to other problems as well. “The evidence is pretty clear,” Avery said. “Larger boards tend to be correlated with lower performance, lack of consensus building, poor communication and poor decision-making.” Following the adoption of two technical amendments, senators voted to advance the bill to select file on a 37-4 Omaha Sen. Ernie Chambers said the bill would bring needed change vote. g to the board. PAGE 2 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013 Meet the Senator Sen. Crawford practices what she teaches rowing up with a brother, She and David moved to Bellevue to balance family life with her husband four sisters and one bath- in 1995 when she accepted a posi- and two sons with teaching and being Groom, future senator Sue tion as a political science professor an effective citizen legislator. But she Crawford learned at a young age the at Creighton University. While most is up for the challenge and said she is power of negotiating and working with college curriculum focuses on national grateful for her family and the support scarce resources. policy, Crawford said, she empha- they and Creighton have given her. She was raised on a farm in north- sizes the importance of state and local Her youngest son, Phil, is in sev- west Missouri, where her dad served on policy and requires students to track enth grade. And her oldest son Nate—a the local school board and he and her certain bills in the Unicameral. junior in high school—was a volunteer mom were active community volunteers. But Crawford acknowledged that on her legislative campaign. The family did not own a TV but educating students about policy is very “My sons really appreciate that had multiple newspaper and news different from enacting it. it is important for me to be [in the magazine subscriptions, Crawford “Being in the Unicameral, you Legislature],” she said. said, so discussions at home ranged see the day-to-day details of how the “One reason that I went into teach- from issues of foreign policy, to farm institutions work and how important ing was because I have always had an policy to local school board politics. those details are, which you do not interest in making sure citizens are en- So it is no surprise that Crawford necessarily appreciate when you study gaged and people are involved in gov- went on to study public policy at Tru- it from afar,” she said. ernment directly. I am just practicing man State University in Kirksville, MO. Crawford said it will be a challenge now what I have always preached.” g While working on her doc- torate at Indiana University, she met Elinor Ostrom—a political scientist who was the first woman awarded a Nobel Prize in Economics. She said Ostrom taught her the importance of creative policy making and self-gover- nance and became her men- tor, eventually providing her encouragement to run for the Legislature. Crawford’s husband, Da- vid, also is interested in poli- tics. They were married on Jan. 20, 1992. The date was not intentionally political, she said; it was the only Sat- urday the Indiana Hoosiers had not scheduled a game. It was not until later that she realized her anniversary was on the same day as the U.S. Presidential Inauguration. Sen. Sue Crawford is pictured with her family.
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 January 28 - February 1, 2013
would ensure that Nebraska remains notice be affixed Appropriations in compliance with its interstate to or displayed agreements, Christensen said, and is on an ATM. Loans for streamflow a better alternative to paying another Currently, enhancement projects proposed large fine for not doing so. fee notices are “If we fall out of compliance … the required to be The Appropriations Committee obligation falls upon the state,” he said. affixed to or dis- heard testimony Feb. 1 on a bill that Sen. Tom Carlson of Holdrege played on ATMs Sen. Dan Watermeier would provide state assistance to testified in support of the bill, saying as well as displayed on the ATM screen implement streamflow projects. the state’s cash reserve is a rainy day or on a paper notice issued from the LB185, introduced by Imperial fund and that the current situation machine after a transaction is initiated Sen. Mark Christensen, would au- fits the criteria for using it. and before the consumer is irrevocably thorize loans to “This is a loan that’s going to get committed to complete the transaction. Natural Resources paid back,” Carlson said, “and it’s Watermeier said the current state Districts (NRDs) going to be done with the occupation requirement was patterned after fed- with an integrated tax. This is not a grant request.” eral ATM disclosure requirements management plan Jasper Fanning, general manager of that have since changed. Federal law that have entered the Upper Republican NRD, also sup- no longer requires an additional fee into contracts to ported the bill. If the project currently on notification affixed to or displayed on construct or imple- Sen. Mark Christensen hold could go forward in spite of the law- an ATM, he said. ment streamflow enhancement projects. suit, he said, it would allow the NRDs to “Congress recognized that the [ad- Christensen said the bill would loan better manage irrigation in their districts ditional] requirement was no longer money to projects that assist in state com- and ensure continued compliance with necessary,” he said. “Consumers are pliance with compacts and agreements Nebraska’s water compacts. provided with adequate protection.” that cannot proceed with bonding au- “We’re trying to minimize the LB100 advanced to select file on thority until a current lawsuit is settled. economic impact of the state’s obliga- a 41-0 vote. Four NRDs pooled their resources tions while serving the needs of our to purchase land in Lincoln County to district,” he said. External review of health pipe water to the Republican River, Chris- No opposition testimony was given insurance carrier decisions, tensen said, but a subsequent lawsuit has and the committee took no immediate prior approval of insurance stalled their ability to bond the project. action on the bill. rates sought Under the bill, $40 million dol- lars would be transferred from the The Banking, Commerce and In- Cash Reserve Fund to the Water Banking, surance Committee heard testimony Contingency Cash Fund, and the state Jan. 29 on two bills meant to bring Department of Natural Resources Commerce & Nebraska into compliance with federal (DNR) would then loan the funds health care reform efforts. upon request by the NRDs. Insurance LB147, introduced by Grand Island LB185 requires that any loan made Sen. Mike Gloor at would be repaid by June 30, 2018. ATM fee disclosure change advances the request of the Christensen said the bill is similar Nebraska Depart- to legislation passed in 2008, which Lawmakers gave first-round ap- ment of Insurance, loaned $9 million to NRDs to pay water proval Jan. 28 to a bill that would bring would fulfill a man- right holders who agreed to lease and state law into conformity with federal date required under forgo water use to assist in meeting state law relating to automatic teller machine the federal Patient compliance with the Republican River (ATM) fee disclosure requirements. Protection and Af- Sen. Mike Gloor Compact. NRDs had been unable to use LB100, introduced by Syracuse fordable Care Act (ACA) that states their bonding authority to pay the water Sen. Dan Watermeier, would elimi- adopt a process for external review of right holders due to a lawsuit, he said. nate a requirement that an ATM fee internal decision-making by health Authorizing a similar measure now
PAGE 4 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013 insurance carriers. Insurance Federation also testified in Bank or the Federal National Mortgage LB147 would require health in- support, saying a measure based on Association would qualify as securities surance carriers to notify covered model national legislation would en- for purposes of satisfying the pledging individuals of their right to request an sure a level playing field for Nebraska for public funds requirements. external review and of the availability health insurance carriers who also The bill also would allow the pledg- of expedited review in certain cases. operate in other states. ing for public funds requirements to Except in cases of expedited review, “We support the department’s be satisfied by letters of credit issued a covered individual would be required efforts to create a business friendly en- by any Federal Home Loan Bank and to exhaust the carrier’s internal griev- vironment for the industry,” she said. not just the Federal Home Loan Bank ance process unless the carrier fails to Also introduced was LB336, spon- of Topeka. issue a written decision within 30 days sored by Holdrege Gloor said dramatic changes in the or waives the exhaustion requirement. Sen. Tom Carlson, banking industry as a result of recent The cost of independent reviews would which would re- federal reforms require changes in state be paid by health insurance carriers. quire state regula- law regarding securities for public funds. An independent review organiza- tion of all health Senators advanced the bill to select tion (IRO) would be required to make insurance rates for file on a 37-0 vote. a determination within 45 days, or policies issued in within 72 hours in the case of an Nebraska subject Sen. Tom Carlson expedited review. The bill outlines a to the federal Patient Protection and Business & Labor separate process for external review Affordable Care Act. of decisions denying coverage on the Ramge supported the bill, saying Extension of workers’ grounds that the health care service is it would ensure Nebraska compliance compensation mental injury investigational or experimental. with the ACA. provisions advanced Among other provisions, the bill No opposition testimony was of- would require IROs to be: fered on either bill. The committee Senators gave first-round approval • nationally accredited; voted 8-0 to advance both bills to Feb. 1 to a bill that would repeal a • approved by the director of the general file. sunset provision on workers’ compen- Department of Insurance; sation for some mental injuries. LB21, sponsored by Omaha Sen. • free of material or other conflict Bill to clarify qualifying securities Steve Lathrop, of interest in a dispute under for public funds advances review; and would repeal the • shielded from liability for dam- A bill that would clarify the types of June 30, 2014 sun- ages unless acting in bad faith financial instruments authorized as se- set provision that or involved in gross negligence. curities for public funds under state law was included in a LB147 would apply to any claim was given first-round approval Jan. 31. bill passed in 2010. submitted on or after Jan. 1, 2014. Introduced by Grand Island Sen. That measure al- Nebraska Department of Insurance Mike Gloor, LB155 would clarify that lows first respond- Sen. Steve Lathrop director Bruce Ramge testified in sup- both mortgage-backed securities and ers to receive workers’ compensation port of the bill, saying states that do collateralized mortgage obligations benefits for mental injuries. not adopt laws consistent with national qualify to be pledged for purposes of Prior to passage of that legislation, standards will be subject to federal ad- securing public funds as mortgage- mental injuries could be claimed only ministration of external reviews. backed obligations. if accompanied by a corresponding Policyholders in Nebraska are accus- The bill specifies that both mort- physical injury. tomed to dealing with the Department gage-backed securities and collater- If passed, LB21 would take effect of Insurance when they have complaints, alized mortgage obligations issued on June 20, 2014. Ramge said, so having the state in charge or backed by collateral 100 percent Lathrop said the sunset provision of the new external review process would guaranteed by the Federal Home Loan was placed in the original bill in order reduce policyholder confusion. Mortgage Corporation, Federal Farm to give lawmakers time to examine the Jan McKenzie of the Nebraska Credit System, Federal Home Loan impact of the change in benefits before making the change permanent.
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 January 28 - February 1, 2013
“It has not lead to hundreds of crimination cases in which employers tee heard testimony Jan. 28 on a bill claims and millions of dollars paid asked interview questions about the that would amend medical payment out,” he said, adding that only one applicant’s gender, race and religion. provisions of the Nebraska Workers’ claim has been filed in the three years Requiring a password to these sites Compensation Act. that the law has been in effect. would provide an employer with such LB291, introduced by Omaha LB121 advanced to select file on a information, he added. Sen. Jeremy Nor- 34-0 vote. Steve Lamken, chief of the Grand dquist, would re- Island Police Department, testified in quire that medi- Social media protections opposition to the bill. He cited a case cal payments be considered for employees, in which the department took action paid within 30 applicants against a uniformed officer who was days after notice posting derogatory comments on his is given to the em- The Business and Labor Commit- Facebook page. ployer or after a Sen. Jeremy Nordquist tee heard testimony Jan. 28 on a bill Law enforcement officers should be final order of the compensation court. that would restrict employers from held to higher standards, he said, and Under the bill, 50 percent of the accessing social networking accounts. under the proposed bill, the actions of amount payable would be added to Under LB58, introduced by O’Neill the department to uphold such stan- the charge and be paid to the employee Sen. Tyson Larson, dards would have been illegal. if the medical payment is not paid employers would Korby Gilbertson, a lobbyist for the within 30 days. be prohibited from Nebraska Realtors Association, testified When workers are injured on the requiring employ- in a neutral capacity, saying the bill does job, the results can be devastating, ees or applicants to not clearly define the term employee. Nordquist said. If medical bills are not disclose their social Gilbertson said real estate brokers paid in a timely manner he added, an network account are responsible for their agents, who additional stress is placed on the family. information or log Sen. Tyson Larson are considered independent contrac- John Corrigan of the Nebraska on to their social networking sites in tors. When real estate agents have AFL-CIO testified in support of the the employer’s presence. hundreds of Facebook friends to bill, citing a workers’ compensation The bill also would prohibit em- promote their businesses, she said, it case in which an individual went bank- ployers from accessing employees’ or becomes an issue for the brokers who rupt after being sued by the hospital applicants’ social networking accounts are liable for those agents. for unpaid medical bills. indirectly through third party con- Lynn Rex, executive director of the “The incentive [of the bill] is to tacts. A civil action could be brought League of Nebraska Municipalities, make sure medical payments are made against an employer one year after the also testified in a neutral capacity. in a timely manner—otherwise the date of an alleged violation. There could be safety concerns—such purpose of the workers’ compensation As social networking sites become as an individual posting about bring- law is lost,” he said. increasingly popular, Larson said, there ing a gun to work—that require action Rich Hitz, a member of the Ne- is a growing need to protect individuals without an employer fearing civil braska Association of Trial Attorneys, who use them. The bill would restrict repercussions, she said. also testified in support, saying 42,000 employers from accessing information “The bill conceptually is address- workers’ compensation claims were employees choose to keep private, he said. ing privacy, but there is a competing made statewide and only 1,300 peti- “We have to be mindful of the element that needs to be tightened up tions were filed against them. The bill employer/employee relationship in a significantly,” Rex said. is creating a penalty for unpaid bills that technologically evolving world,” Lar- The committee took no immediate have been deemed credible, he said. son said. “Employers should not be action on the bill. Omaha city attorney Tim Himes allowed to access private information testified in opposition to the bill, just because it is on the Internet.” Bill would require prompt saying the 30-day period to pay the Alan Peterson, a lawyer for the workers’ comp payments medical bills was too short to process, ACLU, testified in support of the bill, sort through and pay such claims. Ad- saying he has tried a number of dis- The Business and Labor Commit- ditionally, he said, the bill does not
PAGE 6 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013 clarify when the 30-day period begins. Students attending a consortium the bill and the committee took no Timothy Clarke of Nebraskans for career academy would be instructed immediate action on it. Workers’ Compensation Equity and on workplace skills, basic skills related Fairness also testified in opposition. to career pathways, technology and Stronger standards for dual Current law already compensates specific job skills. Job shadowing and enrollment courses proposed employees fairly, he said, so paying ad- internships also would be provided in ditional sums to them would provide the student’s focus area. High schools offering dual enroll- a “windfall” to injured workers. The career academies would be ment courses would be subject to new The committee took no immediate funded jointly by the Legislature standards under a bill heard by the action on the bill. and private donations from industry Education Committee Jan. 29. partners and administered by the state Scottsbluff Sen. Department of Education. A stipend John Harms said he Education of $1,500 per participating student introduced LB116 would be appropriated to the student’s because there is a Bill would establish career resident school district to defray costs. need for consistency academy consortiums Lincoln Public Schools superin- and rigor among high tendent Steve Joel supported the bill, school courses earn- The Education Committee heard saying the current demands placed ing college credit. Sen. John Harms a bill during a hearing Jan. 29 that on schools and students prohibit the Under the bill, a dual enrollment would allow school districts to create deep understanding of practical skills course taught to high school students career academies under a consortium. that can lead to gainful employment. must follow the same course syllabus, Omaha Sen. Brad Ashford said he “At the end of the day these stu- textbook, course outline and student as- introduced LB47 dents will have a high school diploma, sessment as a comparable college course. because students do at least one year of college credit, in- “There is ongoing evidence in Ne- not have access to dustry certification and more options braska that dual enrollment courses the newest technol- to pursue further academic opportu- are a key strategy in addressing our fu- ogy and job skills nities and gainful employment,” Joel ture economic needs,” he said. “This necessary to find said. “This is truly a game changer.” bill provides the needed standards.” employment upon Tonja Broadwell, chief operations Todd Holcomb, president of West- graduation. Sen. Brad Ashford officer of Kelly Supply Company, also ern Nebraska Community College, The bill builds upon LB870, passed testified in support of the bill. She said said he supported the bill because in 2012, which established the frame- it is becoming increasingly more dif- offering high quality courses will pay work for career academies in the state. ficult for businesses to find qualified dividends for years to come. Ashford said LB47 would foster more workers to fill vacancies. “Students that earn dual credit collaboration between smaller school “We feel strongly that career acad- persist and graduate college in higher districts that might not have the re- emies provide a pathway for career- numbers,” Holcomb said. “Adhering to sources to create individual academies. ready workers,” she said. “This is how high standards ensures that parents and “It is absolutely critical that we con- we grow and compete.” students can trust the end product.” nect these young people to jobs,” he Dan Schoemake, Educational Ser- Currently any instructor of a dual said. “In order to be a global competi- vice Unit (ESU) 6 administrator, testi- enrollment course must have a master’s tor, Nebraska must be in the forefront.” fied in a neutral capacity. He said he degree with at least six credit hours of Under the bill, a consortium would supports the bill but thinks a broader graduate-level study in the course content consist of: scope would be more effective. area. LB116 would increase this require- • no less than three school districts; “This bill brings relevance and real- ment to a master’s degree with at least • one community college or world education to the high school set- 18 credit hours of content area study. publicly funded, four-year col- ting,” Schoemake said, “but we would Nebraska State College System lege; and like to advocate for more involvement chancellor Stan Carpenter opposed • at least one public agency, pri- with the ESUs.” the bill, saying the new instructor vate business or private industry No one testified in opposition to requirements would severely limit group.
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 January 28 - February 1, 2013 students’ access to courses, especially Brian Halstead, representing the tions about the provision. in rural areas. state Department of Education, testi- “Under the bill we would not be “This bill would dictate who we fied in opposition to the bill, saying a subject to the Open Meetings Act,” could hire,” he said. “This imposes problem does not exist. he said, “but we would certainly never upon the governance and manage- “There are approximately 1,400 preclude any member of the public ment authority of the board.” people holding a certificate to admin- from attending our meetings.” Brian Halstead, representing the ister in Nebraska,” Halstead said. “We Additionally, the bill would autho- state Department of Education, also don’t have a supply issue.” rize the board of governors of any com- opposed the bill, saying it far exceeds Larry Ramaekers, representing munity college to use college funds to established standards for dual enroll- the Grand Island-Northwest Public pay for association membership. ment instructors. Schools and Adams Central Public No one testified in opposition to Nebraska Association of School Schools, also opposed the bill. Ramaek- the bill and the committee took no Boards representative John Bonaiuto ers said his education was vital to his immediate action on it. testified in a neutral capacity. He said experience as a school superintendent. the bill is well intentioned but may “It would have been difficult for have unintended consequences. me to make the necessary decisions Executive Board “This bill may go beyond what the without the education I had,” he said. institutions and the people in the field No one testified in support of the Investigative committee are ready for without being involved bill and the committee took no im- reauthorization advanced in the conversation,” Bonaiuto said. mediate action on it. The committee took no immediate The Executive Board considered a resolution that would reauthorize a action on the bill. Bill would remove community special investigative committee during college association requirement a hearing Jan. 28. Changes to superintendent Omaha Sen. certification requirements Community colleges no longer Steve Lathrop intro- proposed would be required to join an associa- tion under a bill heard by the Educa- duced LR20, which School boards could hire super- tion Committee Jan. 28. would reconstitute intendents lacking a certificate to York Sen. Greg Adams intro- the Developmental administer under a bill heard by the duced LB211 to Disabilities Special Education Committee Jan. 28. finalize an agree- Investigative Com- Currently any candidate for school ment reached by mittee of the Legis- Sen. Steve Lathrop superintendent must hold a certificate the community lature through the current biennium. to administer before official employ- college boards. The committee first was assembled in ment can be offered. Under LB121, Under the bill, 2008 to address a number of issues at introduced by Omaha Sen. Scott joining an asso- the Beatrice State Developmental Cen- Lautenbaugh, ciation of commu- Sen. Greg Adams ter that led to a loss of federal funding. the state Board nity colleges would be voluntary. “We’ve made progress, but we’re still of Education “This was something agreed upon not where we need to be,” Lathrop said. could waive this when we were working on the funding There was no testimony on the requirement if formula, which we passed last year,” he proposal. petitioned by said. “All this does is put it into statute.” The committee voted to advance an individual The bill strikes a provision requir- the resolution on a 8-0 vote. school board. Sen. Scott Lautenbaugh ing any meeting by a community col- “Sometimes the pool of candidates lege association to be conducted in gets tighter, especially in smaller accordance with the Open Meetings General Affairs districts,” he said. “This provides a Act. Dennis Baack, executive director mechanism to loosen restrictions for of the Nebraska Community College Proof of age bill advances incoming superintendents.” Association, addressed senators’ ques- Senators advanced a bill from
PAGE 8 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013 general file Feb. 1 that would allow an attempt to make nonresidents to use a state-issued iden- Keno more enter- Government, tification card to purchase alcohol. taining and result To purchase alcohol a customer in more games being Military & currently must provide one of the fol- played. lowing accepted forms of identification: “I do not think Veterans Affairs • a valid driver’s or operator’s that this is an expan- Bill would limit professional license; sion of gambling,” Sen. Russ Karpisek credentialing • a military identification card; he said. • an alien registration card; George Payne, representing Keno Nebraska cities and counties would • a passport; or operators, testified in support of the be prohibited from requiring a person • a Nebraska state identification bill. He said reducing the required to be credentialed to conduct business card. time between games to three minutes within their jurisdictions under a bill LB173, introduced by Lincoln would be in keeping with the original heard Jan. 30 by the Government, Mili- Sen. Colby Coash, intent of how Keno is structured, but tary and Veterans Affairs Committee. would add to that possibly would generate more revenue LB108, introduced by Wilber Sen. list a state identi- for cities and towns. Russ Karpisek, would prohibit cities and fication card from A library in Papillion received over counties from requiring a license, cer- any state. Coash said $1 million in Keno funds, he said, and tificate, registration, permit or any other he introduced the is a major asset to the community. approval required by the state to engage bill because people “The number of kids, parents and in a specific profession or occupation. holding valid state Sen. Colby Coash [other] adults who use that facility on a The bill specifies that a credential identification were being refused service. daily basis is phenomenal,” Payne said. does not include any general require- “As Nebraska sees more out-of-state Jack Cheloha, testifying on behalf ment of a business, such as a sales and guests, we need to make sure we are of the City of Omaha, also supported use tax collection permit. welcoming to them,” he said. the bill, saying the portion of Keno Karpisek said the bill’s provisions Lincoln Sen. Amanda McGill sup- profits received by political subdivi- would not apply to plumbers or air ported the bill, saying it would affect sions is required by law to be used for conditioning/air distribution con- many of the students attending college community betterment. More revenue tractors because they currently are in the state. means more funds for police cruisers, required by state law to have certain “We want to encourage more stu- parks and other projects, he said. local credentialing. dents to come to our colleges and uni- Pat Loontjer of Gambling with Many general contractors who do versities,” she said. “We don’t want this the Good Life testified in opposition, business in the Omaha metropolitan to be a reason they don’t come here.” saying that any increase in the speed area work in a number of Douglas and Senators voted to advance the bill of gambling leads to an increase in Sarpy County communities, Karpisek to select file on a 30-0 vote. gambling addiction. said. If the current trend of cities requir- Loontjer suggested that lawmakers ing credentials expands, he said, com- Bill would decrease time limit re-examine the percentages of revenue panies could need separate, expensive between Keno games allocated to political subdivisions permits from up to 10 different cities. rather than attempting to increase the Karpisek said the bill’s intent is to The General Affairs Committee number of games played. Keno opera- remove a “layer of cumbersome bu- heard testimony Jan. 28 on a bill that tors receive almost twice the amount reaucracy” that is a burden for many would amend the current 5-minute time of funds that cities and counties do small business owners in Nebraska. limit required between Keno games. from Keno gaming profits, she said. He said the fees cities charge are his LB273, introduced by Wilber Sen. “This [change] is an attempt by main concern. Russ Karpisek, would reduce the the Keno operators to line their own “I think it’s not so much about public time that Keno operators must wait pockets,” Loontjer said. safety as it is a revenue stream,” he said. between games to three minutes. The committee took no immediate Metro Omaha Property Owners Karpisek said the measure simply is action on LB273. Association president John Chatelain,
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 January 28 - February 1, 2013 representing the Statewide Property mony Jan. 31 on a bill that would allow tary’s office to implement and that the Owners Association, testified in sup- the electronic collection of signatures website maintenance would be costly. port of the bill. for initiative petitions and referendums. Jack Gould of Common Cause Ne- Chatelain said both Omaha and Under LB160, introduced by Colum- braska testified in a neutral capacity, Bellevue require contractors to pay a li- bus Sen. Paul Schumacher, the filing fee saying that the current petition process censing fee of several hundred dollars, for an initiative is too costly. take an exam, engage in continuing petition propos- “There was a time when the peti- education and be recertified every few ing a constitu- tion was the second house in Nebraska years. These requirements simply are a tional amend- and now it is only for those who can way for cities to raise revenue, he said. ment would be afford it,” he said. “Taking a licensing exam has noth- $10,000 and all The committee took no immediate ing to do with the quality of the work,” other petitions action on the bill. he said. would be $5,000. Sen. Paul Schumacher Kathy Siefken, executive director The fees would apply only to filers who Election commissioner of the Nebraska Grocery Industry do not opt out of the electronic signa- appointments could require Association, also testified in support. ture option. Sponsors who could not legislative, county board Having city-level certification creates afford such fees could file a qualifying approval difficulties for those who do business in affidavit in lieu of the filing fee. more than one municipality, she said. The bill also would require the The Government, Military and If regulation is needed, she said, secretary of state to: Veterans Affairs Committee heard it should be done at the state level to • mail a postcard to signers notify- testimony Jan. 31 on two bills that provide consistency across the state. ing them that their electronic would change requirements for elec- Jay Davis, assistant planning direc- signatures have been received; tion commissioner appointments. tor for the city of Omaha, testified • establish a secure server; and LB183, introduced by Wilber in opposition to the bill. Inspections • establish a website containing Sen. Russ Karpisek, have indicated improvements in the the full text of the petition would require that quality of contractor’s work since the which must be viewed prior to election commis- city’s licensing program began, he said. the signature submission, as sioners be appoint- The goal of the licensing is im- well as links providing informa- ed by the county proved public safety, he said. “We tion in support of and opposed board in counties don’t use it for a money grab.” to the petition. with populations of Dennis Van Moorleghem, board “The voters of this state generally more than 100,000. Sen. Russ Karpisek member of the Omaha Metro Builders have expressed support for the petition Forty-five percent of state voters Association, also opposed the bill. He process,” Schumacher said. “This bill reside in three counties, Karpsiek said, acknowledged that city credentialing enables [voters] to sit down and think so those counties should have more can be a burden for small businesses, about [the petition], read the pros and control over their election commis- but said standards that encourage cons and sign it electronically.” sioners to reduce political influence quality work are worth imposing the No one testified in support of the from the governor. $300 licensing fee. bill. Abbie Kretz, member of the Heart- “Nobody likes to [pay] it,” Van Moor- Jessica Kolterman of the Nebraska land Workers Center, testified in sup- leghem said, “but it’s a balancing act.” Farm Bureau testified in opposition. port of the bill, saying it would give The committee took no immediate A declining population and limited counties more oversight and provide action on the bill. Internet access already have put rural more transparency. Nebraskans at a disadvantage, she “We feel that we need an election Bill would allow electronic said, so collecting signatures electroni- commissioner in larger counties that petition signatures cally would further the digital divide. will show openness with the commu- Deputy Secretary of State Neal nity they are representing,” Kretz said. The Government, Military and Erickson also testified against the bill, Deputy Secretary of State Neal Veterans Affairs Committee heard testi- saying it would be difficult for the secre- Erickson testified in opposition to the
PAGE 10 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013 bill. If the goal of the bill is to make eligible youth to Amy West of Nebraska Appleseed local election officials less subject enter into a vol- testified in support of the bill, saying to political influence, he said, the untary foster care former wards often have experienced opposite probably would happen if agreement with years of trauma and require assistance such positions were appointed by lo- the state Depart- in the transition to adulthood. Provid- cal entities. ment of Health ing a safety net for them would lower Karpisek also introduced LB188, and Human Ser- their future rates of homelessness, which would require legislative ap- vices (DHHS) for Sen. Amanda McGill incarceration and other negative out- proval of election commissioner extended services, including: comes, she said. appointments made by the governor. • Medicaid; “This is a good investment in the Jack Gould of Common Cause • postsecondary education as- future of our children and our state,” Nebraska testified in support of the sistance; she said. bill, saying it would make the election • continued foster care mainte- Amanda Huxoll, a former state process more fair. nance payments; ward, also testified in support of the “It seems that because we elect gov- • placement in a foster home, bill, saying many young people aging ernors on the basis of political parties institution or independent liv- out of foster care lack the support and because electing commissioners ing; and necessary to succeed. Huxoll said she is a grassroots element of democracy, • continued case management to struggled while attempting to juggle that it is important that a nonpartisan help access additional supports. community college and work, and body support an appointment [of an To qualify for the program, an ap- could not make ends meet. election commissioner],” he said. plicant would need to be: “I had two options: quit school or Adam Morfeld, the executive direc- • employed for at least 80 hours sleep in my car,” she said. “And many tor of Nebraskans for Civic Reform, per month; young adults have a far worse time also testified in support of the bill, • enrolled in an institution that than I did.” saying it would provide checks and provides postsecondary or voca- Thomas Pristow, director of DHHS balances to the election process. Giv- tional education; Children and Family Services, testi- ing the Legislature final authority • completing a secondary educa- fied in opposition to the bill. He said over such appointments would allow tion or a program leading to an DHHS is committed to supporting citizens to either support the appoint- equivalent credential; youth aging out of the foster care ments or address their concerns in a • participating in a program or system, but that the division cannot public hearing, he said. activity designed to promote afford to fund the program outlined The committee took no immediate or remove barriers to employ- in LB216. action on either LB183 or LB188. ment; or Pristow said the bill would cost an • incapable of doing any of the estimated $11.5 million in fiscal year above activities due to a medical 2013-14. He said the bill’s support- Health & Human condition. ers were relying on estimates from a McGill said the federal law allows cost analysis that underestimates the Services states to extend foster care services to number of youth who would utilize age 21 and research shows that youth the program. Bill would allow foster youth who continue to receive services have “I have to balance my budget,” he said. to continue services until 21 improved chances of success when The committee took no immediate they transition from foster care. action on the bill. State wards who have aged out McGill said the Former Ward Pro- of the foster care system voluntarily gram, DHHS’s existing support pro- could continue to receive services Foster care placement, other gram for youth leaving foster care, is until age 21 under a bill heard Jan. 31 child welfare changes proposed not codified in state law. Furthermore, by the Health and Human Services she said, many state wards are unaware The Health and Human Services Committee. that the program exists or do not fit its Committee heard testimony Jan. 31 LB216, introduced by Lincoln narrow eligibility requirements. on two bills seeking changes to the Sen. Amanda McGill, would allow
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 January 28 - February 1, 2013 state’s child welfare system. case managers, whether em- care system are interested in assisting LB269, sponsored by Lincoln ployed by DHHS or an agency a particular child and may not be able Sen. Kathy Campbell, would make under contract with the state. to invest the time and effort required several changes to Campbell said the changes would to gain formal licensure as a foster the state’s child increase Nebraska’s Title IV-E funding care provider. He said the top priority welfare system. opportunities from the federal govern- should be reducing the amount of dis- Campbell said she ment and provide greater stability to ruption in vulnerable children’s lives. introduced the bill the state’s child welfare system. “This bill is about reducing trauma,” in response to re- Sarah Helvey of Nebraska Apple- he said. “We can’t erase the trauma of ports and studies seed testified in support of the bill, whatever the root cause of the removal completed as a re- Sen. Kathy Campbell saying improvements to oversight and was … but we can reduce it.” sult of legislation passed last session, accountability are critical to continued Sarah Forrest of Voices for Chil- and an interim study conducted by reform efforts. dren in Nebraska agreed. Testifying the Health and Human Services Helvey noted the bill’s support in support of the bill, she said the Committee. of prioritizing kinship placement of state needs to do more to encourage Among other provisions, the bill state wards, saying children who have kinship placements. would make the following changes to been traumatized benefit greatly from “Licensure should never be a bar- the Nebraska Children’s Commission: being placed in a home with someone rier to placing a child in the best pos- • move the commission to the they know. sible home for them,” she said. Foster Care Review Office; “This has been a key issue for No opposition testimony was given • hire a child welfare policy re- [advocates] for several years,” she said. on either bill and the committee took searcher to support the commis- The committee also heard tes- no immediate action. sion’s work; and timony on LB265, sponsored by • add the director of the Foster Lincoln Sen. Colby Coash, which Automated pharmacies Care Review Office and the focuses solely on proposed for long-term care Inspector General of Child facilitating place- facilities Welfare as voting members of ment in homes the commission. where at least one The Health and Human Services The bill also would require the state caretaker is known Committee heard testimony Feb. 1 Department of Health and Human to the foster child. on a bill that would allow automated Services (DHHS) to: Currently, all pharmacies to operate in long-term • apply for federal reimburse- foster homes in Ne- Sen. Colby Coash care facilities. ment of costs associated with braska must be licensed. LB265 would Under LB326, introduced by the Nebraska Juvenile Service exempt kinship and relative homes Omaha Sen. Sara Howard, the phar- Delivery Project; from the licensure requirement. A macist would be • establish new foster home li- kinship home is defined in the bill as in charge of the re- censing requirements to expand one in which a primary caretaker previ- tail pharmacy that the use of child-specific, relative ously has lived with or had significant owns and registers and kinship placements; contact with the child being placed. the automated • secure evidence of financial Under the bill, kinship and relative medication system stability from entities that sub- homes would be subject to criminal and the inventory contract with the department to background checks of all adult residents used in the long- Sen. Sara Howard provide child welfare services; and a home visit to ensure adequate term care automated pharmacy. • develop a policy for reimburse- housing. In addition, the bill would The state has over 400 long-term ment of all allowable foster care allow DHHS to issue a waiver for any care facilities, Howard said, and on-site maintenance costs under Title nonsafety licensing standard for a kin- automated medication systems would IV-E; and ship or relative home seeking licensure. help them operate more efficiently. • develop and implement a uni- Coash said relatives and family Larry Johnson, the director of form training program for all friends of children entering the foster government relations for the Golden
PAGE 12 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013
Living Center, testified in support she said, which could reduce resident only notify consumers when a security of the bill, saying the automated sys- hospital admissions. breach has taken place and do not tems reduce the patients’ medication Deb Schardt, a dental hygienist in provide them with useful information. dispensing time by up to four hours. Hastings, testified in support of the bill, In such instances, he said, consumers Furthermore, he said, dispensing saying there are 830,000 emergency contact the attorney general’s office medication in single doses rather than room visits nationwide that result from seeking guidance. the current 30-day supply reduces dental problems. Lack of access to “This bill would provide more cer- waste by 25- to -30 percent. health care is a critical issue and dental tainty for consumers,” Cookson said. No one testified in opposition and hygienists must play a vital role in the No one testified in opposition and the committee took no immediate ac- solution to such disparities, she said. the committee took no immediate ac- tion on the bill. No one testified in opposition and tion on the bill. the committee took no immediate ac- Bill would allow hygienists to tion on the bill. Bill would require permit provide on-site services approval prior to eminent domain talks Dental hygienists would be allowed Judiciary to provide certain services to adults in The Judiciary Committee heard health care facilities under a bill heard Data breach notification testimony Jan. 30 on a bill that would by the Health and Human Services requirements considered address concerns about the eminent Committee Feb. 1. domain process used by companies LB484, introduced by Wilber Consumers affected by data breach- for obtaining voluntary land use Sen. Russ Karpisek, would allow a es would be provided additional agreements. licensed dental hy- information under a bill heard by the LB152, introduced by Fullerton gienist with 3,000 Judiciary Committee Jan. 30. Sen. Annette Dubas, would require hours of clinical ex- LB61, introduced by Gretna Sen. the condemner perience to provide John Murante, to have all neces- services to adults in would require sary permits and a health care facility. an individual or approvals from Those service would commercial entity involved agencies include: Sen. Russ Karpisek to notify the at- prior to beginning • oral prophylaxis; torney general’s negotiations with • pulp vitality testing; and office in the event the condemnee. Sen. Annette Dubas • preventive measures, including of a data breach. Sen. John Murante The bill also would require agencies the application of fluorides, Currently, the act only requires that to approve a present plan and public sealants and other recognized notice be given to the consumer in purpose prior to exercising eminent topical agents for oral disease the event of a data breach. domain. prevention. Failure to comply with the notifica- Dubas said her concern over emi- “The bill will broaden and extend tion requirements would constitute a nent domain was sparked by Trans- badly needed dental care to thousands deceptive trade practice under the bill. Canada’s proposed Keystone XL of Nebraskans who do not receive it “In 2012 over 800,000 Nebraskans pipeline, which is intended to carry on a regular basis, and would do so were affected by security breaches that crude oil from Canada to Gulf Coast through a modest resource and an made them vulnerable to identity oil refineries. Many landowners were efficient cost,” Karpisek said. theft,” Murante said. “We should be “astonished” that a private foreign Jane Broekemeier, a member of the doing everything we can to ensure company could legally acquire their Nebraska Dental Hygienists’ Associa- Nebraskans have the information they land, she said. tion, testified in support of the bill. need to protect themselves from iden- “The very nature of [eminent Studies have shown that maintaining tity theft, and this bill would do that.” domain] creates angst and tugs at a nursing home patient’s oral hygiene Chief Deputy Attorney General something we all hold very dear: our can prevent them from aspirating, David Cookson testified in support property rights,” she said. “This bill of the bill, saying certain companies
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 January 28 - February 1, 2013 would ensure that individual landown- ates with landowners and rarely uses of Geologists could: ers’ property rights are protected.” eminent domain. The bill would • deny a license to any applicant Donna Roller, a landowner near reduce early contact with landowners deemed to have an issue of the proposed Keystone pipeline route, and limit Union Pacific’s ability to moral turpitude, a felony con- testified in support of the bill, saying revise its plans based on landowner viction, or suspension or revoca- she witnessed “total disregard” for feedback, she said. tion of an existing license; landowners’ property rights by certain Furthermore, Roebke said, it is un- • grant licensure to any out of corporations. clear how companies would proceed state geologist with at least 15 “I support this bill,” she said. “Our using eminent domain in instances in years of relevant experience farms and our ranches are our heri- which a permit is not required. under a reciprocity agreement; tage, our income and our future and Gary Krumland, assistant director • require continuing education of we need legal protection.” for the League of Nebraska Munici- all license-holders; and Gerald Vinduska, a farm owner palities, also testified in opposition • admit members to the board near Gretna, also testified in support to the bill, saying it would impact from any Nebraska college or of the bill. It should be common sense city projects eligible for federal funds. university. that landowners are treated fairly, Such projects require that property be Columbus Sen. Paul Schumacher he said, but corporations have been acquired prior to obtaining a permit, questioned the fairness of the reci- unabiding. he said. procity provision, saying the 15-year “The citizen feels like he is fighting “There are some things that may requirement is arbitrary. with a short stick when he is dealing interfere with what cities do for basic “Geologists with 15 years of expe- with a corporation like TransCanada,” services that need to be addressed [in rience may actually be at a disadvan- Vinduska said. “That is why this [bill] this bill],” he said. tage,” he said. “They may have even is needed so bad—so the citizens feel The committee took no immediate less education on current technology like they have equal footing.” action on LB152. than someone coming right out of Ben Gotschall, a member of the college.” Nebraska Easement Action Team, also Haar said he included the reciproc- testified in support, saying all permits Natural Resources ity provision because other states have should be in place before companies different standards and testing meth- can legally threaten eminent domain. Bill would change licensure ods for licensure that are not required “TransCanada owns easements requirements for geologists in Nebraska. against properties for a pipeline which The bill was advanced to select file they have never had a permit for,” Senators advanced a bill from gen- on a 41-2 vote. he said. “If companies were required eral file Jan. 29 that would establish by law to accurately portray their stronger licensure requirements for purpose, landowners would not feel geologists practicing in the state. Retirement deprived and pressured to sign ease- Malcolm Sen. Ken Haar introduced ments.” LB91, saying that an Bills would switch retirement Lee Hamann, Nebraska legal coun- increased presence plans for certain public sel for TransCanada, testified in op- of geologists in the employees position to the bill, saying the current state warrants the process allows for public hearings and changes to current The Nebraska Retirement Systems governmental oversight. The bill weak- licensure require- Committee heard testimony Jan. 31 on ens original provisions put in place to ments. two bills that would switch retirement protect landowners and diminishes “Nebraska has Sen. Ken Haar plans of school employees, state patrol the opportunity to educate landown- one of the largest uranium mines in officers and judges from a defined ers prior to signing easements, he said. the United States,” he said. “As oil benefit to a cash benefit plan. Union Pacific Assistant General and fracking become more common LB638, introduced by Omaha Sen. Attorney Madeline Roebke opposed in Nebraska, there will be a greater John Nelson, would create a cash bal- the bill, saying Union Pacific negoti- need for geologists.” ance benefit plan for school employees Under the bill, the Nebraska Board hired after July 1, 2014. Currently,
PAGE 14 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013 school employees “It would put Nebraska school dis- participate in a de- tricts at a disadvantage when they are Revenue fined benefit plan. trying to recruit new teachers,” he said. Under the de- “If you add a weak retirement plan to Home-based caregivers could fined benefit pension the fact that [the state] is not paying be eligible for tax credits plan, the employer its teachers well, we will loose a lot of promises a specified qualified teachers to other states.” Individuals providing daily care monthly benefit Sen. John Nelson Phyllis Chambers, director of the for an elder with a self-care disability upon retirement that is predetermined by Nebraska Public Employees Retire- would be eligible for a nonrefundable a formula based on the employee’s earn- ment Systems, testified in a neutral tax credit under a bill heard by the ings history, tenure of service and age, capacity. She questioned how a cash Revenue Committee Feb. 1. rather than depending directly on indi- balance plan would be funded as the LB264, introduced by Lincoln Sen. vidual investment returns. plan ages and more retirees begin Kate Bolz, defines a qualified indi- Under the cash balance plan, each collecting pensions. In such cases, vidual as someone day participants are guaranteed an she said, agencies would need to find whose income is interest credit rate that is the greater of alternative funding sources. between 250 and 5 percent, or the applicable federal mid- Nelson also introduced LB639, 500 percent of the term rate plus 1.5 percent. The member which also would switch state patrol federal poverty lev- contribution is unspecified, with a officers and judges employed after July el. Bolz said she school district match of 101 percent. 1, 2014 from a defined benefit plan to introduced the bill Sen. Kate Bolz Nelson said the state is facing a cash balance plan. because encourag- considerable funding challenges for No one testified in support of the ing home-based care would reduce the pensions and must implement fun- bill. number of people receiving Medicaid- damental reforms to be sustainable Nebraska State Bar Association funded nursing home care. in the future. Currently, he said, the President Marsha Fangmeyer testified “We have an aging population state has an excess of $2 billion in in opposition to the bill, saying that and cost-effective solutions must be unfunded liabilities. switching plans for newly appointed found,” she said. “While tax credits A cash balance benefit plan would judges would create two separate sys- are available for adult day care expens- allow agencies to offer higher salaries tems for the same job. es, our tax code doesn’t acknowledge up front and attract more qualified “If the bill passes, it may set a other contributions to elder care.” employees, Nelson said. precedent for changing other parts of Under the bill, a person would No one testified in support of the benefit packages for newly appointed qualify for a $500 credit if they are the bill. judges,” she said. “We oppose the idea primary caregiver of someone who: Jason Hayes, a member of the Ne- that judges working side by side would • is at least 65 years old; braska State Education Association, be compensated differently.” • lives in the same residence with testified in opposition to the bill, say- Steve Burns, member of the Ne- the caretaker; ing the defined benefit plan recognizes braska District Judges Association, • has a physical, mental or emo- employee longevity. also testified in opposition, saying tional condition lasting at least “The longer employees work for a that judges typically are appointed 180 days that makes it difficult district, the greater the benefit they when they are older and have more to dress, bathe or get around receive,” he said. “Switching to a cash law experience. inside the home; and balance benefit plan is a significant Switching careers at an older age is • has an income that does not ex- move that eliminates a longstanding a tough adjustment, he said, so hav- ceed 250 percent of the federal recruiting tool for schools.” ing a reliable retirement plan makes poverty level. John Jensen, a retired teacher, also a career change more assuring. That A credit of $500 also is available testified in opposition to the bill. confidence would be “eroded” by to qualified caregivers of individuals He said a 5 percent return would switching plans, Burns added. making less than 250 percent of the not provide adequate benefits upon The committee took no immediate federal poverty level and meets other retirement. action on either LB638 or LB639. established criteria. Susan Campbell, a volunteer care-
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 January 28 - February 1, 2013 giver advocate, supported the bill, the bill’s co-sponsors, said it is im- “There are many blended families saying there are many hidden costs portant to encourage families to take and the link between a stepparent and associated with providing home care advantage of the deduction and save stepchild may already be a tenuous one,” to loved ones. for their children’s future. Spahn said. “By naming the spouse “My husband was diagnosed with “We need to think about the im- —who may not have the child’s best cancer and insurance paid for much of portance of saving for our children’s interests in mind — as the default succes- his care,” Campbell said. “But neces- future as a parental right,” Harr said. sor, you’ve given them the right to take sities like special clothing and travel An adult making contributions to money out or change the beneficiary.” expenses for treatments, we paid for an account established under either The committee took no immediate those out of pocket.” the Uniform Transfers to Minors Act action on the bill. AARP representative Mark Inter- or the Uniform Gifts to Minors Act — mill also testified in support of the as well as rollover contributions from bill. He said home-based care is not another state’s savings program — also Urban Affairs only advantageous to caregivers and would be exempt under the bill. loved ones, but also the state. LB296 also establishes transfer of Handicapped parking permit “Every day the caregiver continues ownership procedures. In the case of changes proposed to function in that role, the longer the account owner’s death, owner- we delay a person’s Medicaid depen- ship automatically would transfer to The Urban Affairs Committee dency,” he said. the owner’s spouse. If the spouse is heard testimony Jan. 29 on a bill that There was no opposition to the bill deceased or otherwise incapacitated, would amend provisions for tempo- and the committee took no immediate the account’s beneficiary would gain rary handicapped parking permits. action on it. ownership of the account. Under LB31, introduced by Ke- Nebraska State Treasurer Don arney Sen. Galen Hadley, a medical professional could issue a temporary Increased tax deductions Stenberg supported the bill, saying handicapped parking permit for either for college savings program that growing the Nebraska program a three- or six-month period. The per- contributions proposed should be a priority for the state. “We are ranked as one of the best mit could be renewed once and could Persons making contributions to college savings programs in the nation,” not exceed one year. a Nebraska College Savings Program he said. “This bill would continue to Currently, a temporary permit may (NCSP) account would see higher tax further the savings plan and encourage be issued for up to six months and may deductions under a bill heard by the more people to invest in the plan.” be renewed once. Revenue Committee Feb. 1. Courtnay VanDeVelde, a policy Hadley said the bill would make the Currently, contributions to a associate with Voices for Children in handicapped parking permit process NCSP account are exempt from state Nebraska, also supported the bill. She more efficient. income tax up to $2,500 for a married said research has proven that college Beverly Neth, director of the Ne- person filing separately and $5,000 for savings accounts can be positively cor- braska Department of Motor Vehicles, a married couple filing jointly. related with educational success. testified in support of the bill, saying Under LB296, introduced by Ke- “The cost of tuition has moved the healing time of a temporarily in- arney Sen. Galen higher education out of reach for jured person can be hard for physicians Hadley, the amount many children,” she said. “We need to predict. In such cases, she said, a tem- of contributions to encourage more people to take porary permit may be issued only twice exempt from in- advantage of college savings plans.” before a permanent permit is issued. come taxes would Susan Spahn, representing the Requiring a minimum of three increase to $5,000 Nebraska State Bar Association, op- months could reduce permanent for a married per- posed the bill. She said the provision handicapped permits that are issued son filing separately Sen. Galen Hadley transferring ownership of the account for temporarily injured individuals, and $10,000 for a married couple to a spouse upon the death of the ac- she added. filing jointly. count owner could be harmful to the No one testified in opposition and Omaha Sen. Burke Harr, one of beneficiary. the committee took no immediate ac- tion on the bill.
PAGE 16 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013
Housing authority consolidation to report to the Urban Affairs Com- “Budgeting for two years rather planning advances mittee by Jan. 1, 2014. than one will give these cities oppor- LB49 advanced to select file on a tunities to do more long-range plan- Lawmakers gave first-round ap- 39-0 vote. ning,” McGill said. proval Jan. 31 to a bill intended to The bill advanced from general file create a regional housing authority Appointment terms, biennial on a 34-0 vote. in Omaha. budgets advance LB112 would transfer record keep- As introduced by ing and reporting on bonds from the Omaha Sen. Brad Senators advanced four bills from city clerk to the city treasurer in first Ashford, LB49 general file Jan. 30 that would modify and second class cities and villages. would have merged provisions for primary, first and second The bill also would require the trea- the Omaha Met- class cities and villages. All were intro- surer to prepare lists of and collect all ropolitan Housing duced by Lincoln Sen. Amanda McGill. special assessments. Authority and the LB87 would County treasurers currently must Douglas County Sen. Brad Ashford provide that an obtain records from city clerks to Housing Authority into a perma- appointee filling generate bond reports, McGill said, nent, nondissolvable regional housing a vacancy on an so it would be more efficient for the authority. airport author- treasurer to keep the reports. Ashford said there are many chal- ity board would The bill advanced from general file lenges to creating affordable housing serve the unex- on a 31-0 vote. in the Omaha metro area and that pired term of the Sen. Amanda McGill Finally, LB113 would authorize the merging the existing city and county vacated board member. Currently, an mayor of a second class city to vote housing authorities likely would make appointee serves only until a successor when it would create a number equal the process more efficient. is elected at the next general election. to a majority of the members elected An Urban Affairs Committee McGill said some cities are having is- to the council. amendment, adopted 41–0, replaced sues filling board vacancies because ap- Authorizing the mayor to create the bill and instead would create a pointed members must soon campaign a super-majority would be helpful in joint committee to develop a plan for the same position. The position instances in which city purchases must for the creation of a single housing would be more appealing if appointees be made or contracts must be signed authority in a county with a metro- could serve the entire term, she said. but a member is absent, she said. politan class city. Currently, Omaha The bill advanced from general file The bill advanced from general file is the only metropolitan class city in on a 34-0 vote. on a 33-0 vote. g Nebraska. LB111 would allow cities of the first Lincoln Sen. Amanda McGill, and second class and villages to file chairperson of the committee, said the biennial budgets with the state audi- amended bill would allow interested tor’s office and county clerk. parties to develop a plan and present it State law classifies incorporated cit- to the Legislature, rather than forcing ies, villages and municipalities by their a structure on them. population. The city is classified as: “I think this is a good compromise • metropolitan if its population that still pushes us in the right direc- is 300,000 or more; tion,” she said. • primary if its population Under the bill, the committee 100,001 to 299,999; would consist of two members from • first if its population is 5,001 the board of each existing housing to 100,000; authority or agency. The original four • second if its population is 801 members of the committee then would to 5,000; and select three additional members. • a village if its population is 100 The committee would be required to 800.
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 January 28 - February 1, 2013 Committee Hearings Monday, February 4 Transportation & Telecommunications purchase a vehicle titling and registration Banking, Commerce & Insurance Room 1113 - 1:30 p.m. computer system Room 1507 - 1:30 p.m. LB117 (Harms) Change provisions re- LB446 (Avery) Define the term flood LB27 (Hadley) Change experience lating to permits for overweight vehicles damage for purposes of the Motor requirements under the Public LB174 (Mello) Change provisions Vehicle Certificate of Title Act Accountancy Act relating to vehicle load contents and LB624 (Pirsch) Provide for fees for copies LB337 (Schumacher) Change provisions spillage of motor vehicle accident reports relating to the Nebraska Insurers Supervi- LB398 (Brasch) Change provisions and LB351 (Harms) Require cognitive tests for sion, Rehabilitation, and Liquidation Act penalties relating to certain excessively persons eighty years of age or older ob- LB426 (Howard) Change provisions loaded vehicles taining motor vehicle operator’s licenses relating to fraternal benefit societies LB548 (Schilz) Change a length excep- LB628 (Conrad) Change and extend the tion for semitrailers transporting baled Urban Affairs Small Business Innovation Act livestock forage Room 1510 - 1:30 p.m. LB377 (Johnson) Change provisions Business & Labor Tuesday, February 5 relating to annexation of a county road Room 2102 - 1:30 p.m. Agriculture by a city or village LB177 (Smith) Provide enforcement Room 1524 - 1:30 p.m. LB591 (Lautenbaugh) Change civil and penalty provisions to the Nebraska LB354 (Larson) Adopt the Nebraska service commission membership Wage Payment and Collection Act Corn Promotion Act LB633 (Nordquist) Include contract LB560 (Mello) Provide enforcement LB431 (Karpisek) Change definition of violations under disciplinary provisions provisions to certain labor and employ- food establishment under the Nebraska of Civil Service Act ment acts Pure Food Act LB643 (Davis) Change certain provisions LB559 (Mello) Adopt a short-time com- LB166 (Schilz) Change labeling require- regarding nuisances in cities and villages pensation program under the Employment ments for lawn and turf seed containers Security Law Wednesday, February 6 LB248 (Larson) Provide for seasonal Banking, Commerce & Insurance Government, Military & Veterans Affairs employers under the Employment Room 1507 - 1:30 p.m. Room 1507 - 1:30 p.m. Security Law LB170 (Gloor) Rename and expand the LB363 (Avery) Change provisions relating purpose of the Nebraska Educational to access to public records Education Finance Authority Act LB434 (Price) Provide for emergency Room 1525 - 1:30 p.m. LB616 (Schumacher) Adopt the Nebras- management registries for persons with LB480 (Lathrop) Adopt the Nebraska ka Money Transmitters Act and eliminate special needs Career Technical Education Grant the Nebraska Sale of Checks and Funds LB510 (Scheer) Change Open Meeting Program Act Transmission Act and provide penalties Act telephone conference call provisions LB481 (Lathrop) Create the Career LB38 (Wightman) Change provisions and authorization for videoconferencing Education Task Force relating to testamentary powers and teleconferencing LB366 (Cook) Adopt the Remedial LB283 (Conrad) Eliminate the Limited LB521 (Christensen) Require cities and Adult Education Innovation Act Liability Company Act villages and other public bodies that LB367 (Cook) Adopt the Twenty-First maintain web sites to publish ordinances Century Developmental Education Act Education and other information as prescribed LB408 (Sullivan) Change dates and Room 1525 - 1:30 p.m. provisions relating to certification and LB539 (Chambers) Prohibit requiring Health & Human Services distribution of state aid teaching experience for superintendents Room 1510 - 1:30 p.m. LB274 (Nordquist) Adopt the Education Licensing briefing by DHHS Division of General Affairs Compensation Transparency Act Public Health (Invited Testimony Only) Room 1510 - 1:30 p.m. LB470 (Scheer) Adopt the Superintendent LB315 (Christensen) Redefine massage LB6 (Krist) Create the Nebraska Pay Transparency Act therapy and change licensure Commission on Problem Gambling LB262 (Cook) Provide duties relating to requirements LB413 (Schumacher) Change license sharing of student information LB524 (Christensen) Adopt the Pharmacy violation provisions under the Nebraska LB129 (Haar) Change the compen- Audit Integrity Act Liquor Control Act sation for members of the Board of LB243 (Howard) Redefine nurse LB579 (Karpisek) Provide a duty Educational Lands and Funds practitioner practice regarding administration and enforcement of the Nebraska Liquor Control Act Transportation & Telecommunications Judiciary Room 1113 - 1:30 p.m. Room 1113 - 1:30 p.m. LB445 (Karpisek) Provide funding to LB22 (Hadley) Change Parenting Act the Department of Motor Vehicles to provisions relating to parenting plans
PAGE 18 • UNICAMERAL UPDATE • 103RD LEGISLATURE January 28 - February 1, 2013 Committee Hearings LB212 (Karpisek) Change court-ordered change election of county offices from LB429 (Crawford) Require disclosure of parenting plan provisions of the Parenting Act partisan to nonpartisan state contracts LB124 (Lautenbaugh) Change provisions relating to grandparent visitation Health & Human Services Health & Human Services LB182 (Avery) Change paternity provi- Room 1510 - 1:30 p.m. Room 1510 - 1:30 p.m. sions for a child conceived as a result LB105 (Lathrop) Require child care Appointment: Bonta, John - Board of of sexual assault licensees to obtain liability insurance Emergency Medical Services LB107 (Lathrop) Change waiver of hearing LB555 (Nordquist) Adopt the Preparing Appointment: Bowlin, Karen - Board of provisions under the Parenting Act Students for Educational Success Act Emergency Medical Services LB270 (Campbell) Provide for a medicaid Appointment: Hynes, Michelle - Foster Natural Resources state plan amendment relating to services Care Advisory Committee Room 1525 - 1:30 p.m. for children with serious emotional Appointment: Kruback, Sandra - Foster LB340 (Natural Resources) Change disturbance Care Advisory Committee a hearing requirement related to the LB420 (McGill) Provide authorization for Nebraska Power Review Board Judiciary disposition of human remains based on LB622 (Haar) Change provisions relating Room 1113 - 1:30 p.m. military documents to a report filed with the Nebraska Power LB403 (Seiler) Prohibit retail sale of LB421 (McGill) Provide powers and Review Board novelty lighters duties for professional boards regarding LB313 (Christensen) Change provisions credentialing veterans Nebraska Retirement Systems relating to incarceration work camps LB422 (McGill) Provide duties for Room 1525 - 12:00 p.m. LB350 (Murante) Add members to the credentialing boards and temporary LB553 (Nordquist) Change provisions Nebraska Police Standards Advisory practice permits for military spouses relating to school employee retirement Council LB554 (Nordquist) Change provisions LB267 (Chambers) Prohibit persons on Judiciary relating to school employee retirement parole, probation, or work release from Room 1113 - 1:30 p.m. acting as undercover agents or employ- LB360 (Karpisek) Change court fees, Revenue ees of law enforcement and prohibit sheriff’s fees, identification inspection Room 1524 - 1:30 p.m. admissibility of certain evidence fees, and handgun certificate fees LB405 (McCoy) Eliminate certain sales LB115 (Lautenbaugh) Change provisions LB202 (Coash) Change provisions relating tax exemptions, corporate and individual relating to homicide to DNA collection income taxes, and the franchise tax LB246 (Larson) Provide for a health care LB318 (McGill) Change duties of law and change other tax provisions copayment for jail and prison inmates enforcement officers and agencies relating to the taking and distribution of Thursday, February 7 Natural Resources fingerprints Executive Board Room 1525 - 1:30 p.m. LB369 (Lathrop) Require licensed service Room 2102 - 12:00 p.m. LB94 (Dubas) Change hunting permit providers for services to probationers LB18 (Nordquist) Prohibit members of provisions and parolees as prescribed the Legislature and certain constitutional LB362 (Avery) Change state park entry LB44 (Ashford) Change penalty provisions officers from participating in the state permit provisions and provide for a motor with respect to Class IA felonies commit- insurance program vehicle registration fee ted by persons under the age of eighteen LR1CA (Larson) Constitutional amend- ment to change eligibility requirements Revenue Natural Resources for members of the Legislature Room 1524 - 1:30 p.m. Room 1525 - 1:30 p.m. LR31 (Campbell) Provide the Executive LB406 (McCoy) Change tax provisions LB499 (Brasch) Change powers and Board appoint the Children’s Behavioral duties of Game and Parks Commission Health Oversight Committee as a special Friday, February 8 Revenue committee Government, Military & Veterans Affairs Room 1524 - 1:30 p.m. Room 1507 - 1:30 p.m. LB573 (Harr) Change provisions relating Government, Military & Veterans Affairs Appointment: Moody, Tony - Neb. Tourism to an adjustment to income for certain Room 1507 - 1:30 p.m. Commission capital gains and extraordinary dividends LB127 (McGill) Provide for preregistration LB98 (Mello) Change provisions relating LB626 (Conrad) Eliminate an income to vote for 16 and 17 year olds to administrative rules reduction for extraordinary dividends LB206 (Schumacher) Require secret- LB371 (Mello) Adopt the Transparency and certain capital gains ballot envelopes for mailed ballots in Government Procurement Act LB327 (Pirsch) Change income tax rates LB219 (Avery) Change petition require- LB372 (Mello) Adopt the Buy Nebraska LB532 (Conrad) Change income tax ments for general election ballot Act and eliminate provisions relating to g LB241 (Sullivan) Authorize voters to resident bidder preferences rates
103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 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
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