UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 41, Issue 6 / Feb. 5 - 9, 2018 Voter identification requirement proposed ebraska voters would be re- quired to show photo ID at Nthe polls under a bill consid- ered Feb. 8 by the Government, Mili- tary and Veterans Affairs Committee. LB1066, introduced by Gretna Sen. John Murante, would require voters to provide a qualifying form of photographic identification before voting. These would include a: • driver license or state or territo- rial ID issued by a U.S. state or territory; • photo ID issued by an accred- ited postsecondary educational institution; • U.S. passport or U.S. military Sen. John Murante said voter ID would help ensure that only eligible voters participate in ID card; or Nebraska elections. • ID issued by a political subdivi- plication process would be determined Murante said he believes that the sion of the state of Nebraska. by the secretary of state’s office. bill could be implemented for a sub- An individual who does not show LB1066 specifies that the cost of stantially lower cost, stating that much photo ID at his or her polling place providing such photo ID would be larger states have implemented similar could cast a provisional ballot and would paid from the state’s general fund ap- voter ID requirements at a “fraction” have seven days to present acceptable propriation to the secretary of state’s of the estimate for Nebraska. photo ID at the local election office. office. The bill’s fiscal note estimates In addition, he said, approximately In addition, the bill would require the cost of providing equipment to 97 percent of Nebraskans already the Nebraska secretary of state to local election officials to issue IDs, possess one of the required forms of provide photo ID for voting purposes as well as training and public educa- photo ID. The law would not infringe at no charge to a registered voter who tion, to be $2.9 million in fiscal year upon anyone’s right to vote, he said, successfully applies for one. The ap- 2018-19. but would protect the integrity of the (continued page 2) Family planning funding change requested he Appropriations Committee heard testimony the state through the program cannot be used to perform Feb. 5 on proposed changes to the use of Title X abortions. T funding that would impact disbursement to health A provision included in LB944 as part of Gov. Pete clinics that also provide abortion services. Ricketts’ mid-biennium budget proposal would prohibit Nebraska receives funds from the federal Title X pro- federal Title X funds from being be paid or granted to an gram, which are used to subsidize reproductive and preven- organization that performs, assists, provides counseling tive health services, including the diagnosis and treatment in favor of or refers for abortion services. An otherwise of sexually transmitted diseases, cancer screenings and qualified organization that is affiliated with, but objectively family planning services. Federal grant funds dispersed by independent from, such an organization—which the bill

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INSIDE: Increased highway speeds proposed • Medical cannabis considered • Hearing schedule February 5 - 9, 2018

(continuedVoter from identificationfront page) requirement proposed state’s voting system. “Honest elections are the founda- also opposed the bill. Many older Ne- “I believe that securing our elec- tion of representative government,” braskans do not have a driver license tions is a fundamental responsibil- Gumm said. “If you aren’t actively or other form of photo ID, she said, ity—certainly of this committee, which looking for voter fraud, you won’t and the additional requirement that has jurisdiction over elections—but find it. In close or disputed elections, the bill would impose would fall most also the entire Legislature,” Murante a small amount of fraud can make a heavily on the state’s aging population. said. “This is a basic, common-sense difference and there are many elec- “Voting systems should be designed approach that the majority of Nebras- tions, particularly at the local and state to encourage maximum participation kans support.” level, that are decided by a very small in the electoral process,” she said. Missouri Secretary of State John number of votes.” “States should not impose identifica- Ashcroft testified in support of the Kristin Pfabe of Lincoln testified tion requirements that discourage or bill, saying a similar law was success- in opposition to the bill, saying the prevent citizens from voting.” fully implemented in his state in June Nebraska secretary of state has af- Nate Dobbs of Nebraska Appleseed 2017. Missouri has spent $1.5 million firmed that Nebraska does not have expressed concern that the bill does on the process, he said, which is sig- a problem with in-person voter fraud. not specify the process by which an in- nificantly less than the $4 million to Such voter fraud is rare, she said, dividual would apply for a free photo $5 million that was estimated. because an individual would have to ID if he or she lacked one. Testifying Since implementation, he said, Mis- know another voter’s name, address against the bill, he said many eligible souri has conducted over 80 elections. and polling place—and hope that they voters currently do not possess a photo “We have not had a single individ- had not already voted—in order to be ID and the process of obtaining one ual who was legally registered to vote successful. through the secretary of state’s office who was turned away from voting,” “It’s a terribly inefficient and risky could involve conditions, documenta- Ashcroft said. way to try and steal an election,” Pfabe tion requirements or deadlines that Also supporting the bill was Susan said. “If you are motivated enough to would be cumbersome. Gumm of Omaha. Voter ID require- sway an election, wouldn’t you choose “There is really no way right now ments give the public some assurance a safer method with a bigger pay-off, to have a meaningful, robust discus- that their vote counts, she said, and like canvassing, making phone calls sion about the real impact of that an electoral system without proper and talking to friends and family scenario,” he said. safeguards cannot inspire public about candidates?” The committee took no immediate confidence. Suzan DeCamp of AARP Nebraska action on LB1066. 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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THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977

PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018

Family planning funding change requested (continued from front page) defines as legal, physical and financial “shell game” that can occur within the result, the bill’s language could be separation—would not be disqualified walls of providers, she said. viewed as being in direct contradiction from receiving funds under the bill. “If the abortion providers want to federal regulations, he said, and Bo Botelho, chief operating officer to continue to receive Title X funds, could prevent entities from qualifying for the state Department of Health for the purpose for which they are in- as Title X providers. and Human Services, testified in sup- tended, they only have to act in good “Our concern with LB944 as port of the provision, saying that it faith to comply with the stipulations drafted is that, potentially, all exist- would ensure all pregnancy counsel- set forth in this language,” Danek said. ing Title X clinics could lose funding ing at Title X facilities is neutral and Julie Reno, former Title X man- depending on how certain aspects of non-directive. ager for DHHS, testified against the the language are interpreted,” Tracy The change would not necessarily funding change. Reno, who retired said. “The elimination of even one reduce access to reproductive health- in December, said the audit issues provider would severely limit access care for low-income Nebraskans, he referenced by the department were to reproductive health care.” said, as long as facilities maintain coding errors—a common issue in the Sofia Jawed-Wessel, assistant profes- objective independence between any medical field—made by an inexperi- sor of public health at the University abortion services provided and their enced staffer at Planned Parenthood of Nebraska-Omaha, agreed. If a Ne- Title X activities. He cited a recent of the Heartland. The situation was braska provider were to lose Title X state audit that indicated Title X funds remedied, she said, and was not a funding, she said, those grant dollars had been used for abortion services, cause for concern to federal auditors. would not automatically transfer to an- in violation of federal and state law. Title X, which Reno said served other facility in the state. Grant funds “The proposed [change] is needed 55,000 Nebraskans in 2016, has been are distributed based on the number to ensure program integrity through in place since 1970 and the state has of people an entity serves that obtain enhanced clarification,” Botelho never had compliance issues with the Title X reproductive services, she said, said. “At this point in time we do not federal government, she said. Any of and reallocation of those funds to foresee a decrease in available services the facilities currently providing ser- the state by the federal government because of the proposed language. vices in the state likely would be forced would not happen immediately, nor The department believes that other to close if they were to lose funding be guaranteed. organizations would step forward under the proposal, she said. “We want to make sure that Ne- should current grantees choose not “They all struggle, all the time, to braskans have the ability to get these to participate.” keep their heads above water,” Reno services as soon as possible,” Jawed- Marion Miner, associate director said. Wessel said. of pro-life and family for the Nebraska Jeff Tracy, director of the Commu- The committee took no immediate Catholic Conference, also supported nity Action Health Center in Gering, action on the proposal. g the change, which he said would bring also testified against the proposal on state law into compliance with the ex- behalf of the Health Center Associa- press will of Congress in regard to Title tion of Nebraska. Five of the state’s X. The clear separation requirements seven community health centers re- in the new language would assure ceive Title X grant funds, he said, and Nebraskans that tax dollars are not are required by federal law to provide being used to fund abortion services information and counseling to preg- illegally, he said. nant women regarding prenatal care Sandy Danek, president of Nebras- and delivery, infant care, foster care or ka Right to Life, agreed. Currently, adoption and pregnancy termination. taxpayers have no certainty that Title Upon request, they also must X funds are not being used for abor- provide referrals, he said, including tion advocacy because of the fiscal referrals for abortion services. As a

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 5 - 9, 2018

2014 law that authorized Nebraska’s Colorado, Oregon and Kentucky. postsecondary institutions or the state “This bill is about getting farmers Department of Agriculture to grow onboard the train before it completely industrial hemp for agricultural or leaves the station,” Egle said. Industrial hemp research academic research. The 2014 Farm Bill Rebecca Schwarz testified in sup- program proposed gave universities and state departments port of the bill on behalf of the of agriculture the same authority. Nebraska Farm Bureau. She said The Agriculture Committee heard “We already knew that this plant the bureau supports the production, testimony Feb. 6 on a bill meant to wasn’t dangerous,” Wayne said, “and processing and commercialization of expand research on industrial hemp now it’s time to open [it] up for the industrial hemp and believes it should in Nebraska. market and for pilot programs beyond be regulated by the Department of Under LB1133, introduced by Sen. just the university.” Agriculture rather than the Drug Justin Wayne of The program, which would be man- Enforcement Administration. Omaha, the state aged by the College of Agricultural The bureau is working with Con- Department of Sciences and Natural Resources at the gress to remove hemp from the federal Agriculture would University of Nebraska, would conduct list of controlled substances, eliminat- establish and research and analysis of the soils, grow- ing uncertainty for states and growers, oversee a five-year ing conditions, and harvest methods Schwarz said. industrial hemp related to the production of varieties “We believe there is a path forward research program Sen. Justin Wayne of industrial hemp that may be suitable to clarify liability and protect states that would consist of the planting, culti- for commercial hemp products. It also and provide guidance and reduce vation, testing and analysis of industrial would conduct seed research on types strain on law enforcement,” she said. hemp demonstration plots by growers of industrial hemp that are best suited “And with enough states indicating who are licensed by the department. to be grown in Nebraska. willingness and interest in moving The department also would be The department would notify the forward with industrial hemp laws, responsible for obtaining any federal State Patrol and local law enforcement federal leaders will take note.” permits or waivers necessary to grow agencies of the location of all dem- Testifying in opposition to the bill industrial hemp in Nebraska, and onstration plots, and applicants for was Steve Wellman, director of the it would promote the research and licenses would be required to allow the state Department of Agriculture. He development of industrial hemp and State Patrol to enter onto the premises said the program would cost more commercial markets for it. where hemp is being grown to conduct than $950,000 in the first two years Wayne said LB1133 would give physical inspections twice per year. while generating only about $286,000 Nebraska farmers a new alternative The department would be respon- in licensing fees. Additionally, Well- crop at a time when the agricultural sible for monitoring the hemp grown man said, the department’s licensing economy has been struggling. Indus- by license holders and would provide of growers under LB1133 would fall trial hemp can be used to make more for random testing of the plants to outside the scope of research allowed than 25,000 products, he said, includ- ensure compliance with THC levels. by federal law, and hemp remains a ing fabric, rope, paper, insulation Josh Egle, a hemp farmer from Col- controlled substance under the federal materials, industrial oils and dietary orado, testified in support of the bill. Controlled Substances Act. supplements. More than $700 million Egle, who also is preparing to grow “Congress has not expressly ex- in hemp products were sold nation- hemp in eastern Wyoming next year, empted industrial hemp from the wide last year, he added. said that Nebraska has better potential definition of marijuana under this Although hemp is a cannabis plant for industrial hemp production than act,” Wellman said, “and without such like marijuana, Wayne said, it is im- almost any other state because wild exemption there remains potential portant to note that hemp contains varieties of the plant already grow well serious conflict between industrial very low levels of tetrahydrocannabi- here. He said Nebraska farmers are hemp laws and the Controlled Sub- nols (THC), the chemical responsible missing out on the economic benefits stances Act.” for marijuana’s psychoactive effects. of industrial hemp, which already can The committee took no immediate He said LB1133 would expand on a be grown for commercial purposes in action on the bill.

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enforcement and “We support this bill because we ticketed or arrested believe it is a measured first step in while attending a examining our schools’ disciplinary school-sponsored policies and whether we are pulling activity or event. students in to educational success or Several school classifications Additionally, the pushing them out to the streets for the eliminated board would col- court system,” Summers said. Sen. Matt Hansen Three of the state’s six public lect data on the Brad Meurrens, public policy di- school classifications were eliminated use of physical restraints in schools rector for Disability Rights Nebraska, by a bill given final approval Feb. 8. and whether a sworn law enforcement also testified in support of the bill. Introduced by the Education Com- officer is assigned to the school. According to the Civil Rights Data mittee last session, LB377 eliminates School districts would be required Collection, Meurrens said, schools Class I, II and VI districts, with the to provide the board with individual restrain and exclude students with remaining Class II districts becoming student data that could be organized disabilities at a higher rate than their Class III districts. All districts now will by race or ethnicity, gender, grade level peers. During the 2013-14 school year, be classified as either Class III, IV or V. and whether the student has a disability. students with disabilities made up 12 Under LB377, Class III districts Hansen said Nebraska does not percent of the students enrolled in will have fewer than 150,000 inhabit- collect consistent data on school dis- public schools nationally but made ants and maintain elementary and ciplinary actions and student interac- up 67 percent of students subjected to high school grades under a single tions with law enforcement. Those restraint or exclusion. Students with school board. interactions have become more likely disabilities comprised 25 percent of Class IV districts are those with a since the late 1990s and early 2000s, students arrested or referred to law population of 100,000 or more that when many schools responded to safe- enforcement, he said. maintain elementary and high school ty concerns by hiring school resource “Data collection is necessary to un- grades. Class V districts have a metro- officers and security guards, he said. derstand the scope of these practices, politan-class city, and their employees Such interactions are important to the underlying causes leading to their participate in a separate retirement study because they often are a youth’s use and ultimately the mechanisms by system. Lincoln Public Schools will be first point of contact with the state’s which these practices can be reduced the only remaining Class IV district, criminal justice system. or alleviated,” Meurrens said. and Omaha Public Schools will be the “Unfortunately, with increased law The committee took no immediate only remaining Class V district. enforcement presence at schools, there action on the bill. The bill takes effect Jan. 1, 2019 are many opportunities for students to and passed on a 47-0 vote. enter the justice system for behaviors Alternative teaching which in previous eras would not be certification path discussed considered criminal,” Hansen said. Statewide data collection of Juliet Summers, policy coordina- The Education Committee heard student disciplinary action tor at Voices for Children, testified testimony Feb. 5 on a bill that would proposed in support of the bill. Both students create a two-year alternative certifica- The state Board of Education and schools suffer when schools tion path for those who wish to teach would create a statewide system for respond to misbehavior with exces- in Nebraska’s public schools. collecting data on school disciplinary sive exclusionary policies such as LB1135, introduced by Omaha Sen. measures and student interactions out-of-school suspensions, expulsions Tony Vargas, would with law enforcement under a bill or referrals to law enforcement, she require the state heard by the Education Committee said. For the student, suspension can Board of Education Feb. 6. lead to further suspension, expulsion, to grant a Nebraska Lincoln Sen. Matt Hansen, sponsor decreased academic performance and teaching certificate of LB1056, said the data would con- court involvement, and schools with to any person in tain the number of students who were a higher reliance on exclusion have good standing who Sen. Tony Vargas suspended, expelled, referred to law lower overall academic performance. has a valid teaching

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 5 - 9, 2018 certificate from another state. testified in support of the bill. A 2016 to select file Feb. 6. It also would require the board to state Department of Education survey LB936, introduced by the Legisla- grant a two-year teaching certificate found that 112 of the state’s 450 public tive Performance Audit Committee, to those who hold a bachelor’s degree school districts, educational service would make a number of changes to from an accredited college or univer- units and private school systems re- the Legislative Performance Audit Act. sity, pass basic skills and subject area ported a total of 232 unfilled positions, The act requires the Legislative Audit tests and enroll in an alternative teach- she said. A lack of qualified applicants Office to conduct performance audits er certification program approved by was the main reason for the vacancies. that review state agency programs in the board. The two-year certificate Fox said that LB1135 would help order to evaluate the agency’s success would not be renewable, and the address the shortage by making it in effectively implementing legislative holder would have to complete the easier for teachers from other states to intent. alternative certification program to become certified to teach in Nebraska. Heartwell Sen. John Kuehn, chair- obtain a Nebraska teaching certificate. “Workers do not become unquali- person of the committee, said the Vargas said he is working on an fied by moving from one state to an- bill’s recommendations are the result amendment that would require teach- other,” she said. of the first three tax incentive audits ers with certificates from other states Brian Halstead, deputy commis- undertaken by the Performance Au- to maintain Nebraska’s certification sioner at the state Department of dit Office. There is a steep learning requirements once they start teach- Education, testified in opposition to curve associated with the process, he ing here. the bill, saying that alternative certifi- said, and the office will not be able to He said the bill would alleviate Ne- cation already exists under the state conduct audits on the remaining tax braska’s teacher shortage by simplifying Board of Education’s rules. Those incentive programs this year. the certification process for teachers who graduate from a teaching program As a result, he said, the bill would who move to Nebraska and for people at a higher education institution in extend from three to five the number who are changing careers. Currently, another state may receive an initial, of years between audit reviews of tax only the University of Nebraska at Kear- standard or professional teaching cer- incentive programs. Kuehn said the ney has a teacher certification program tificate in Nebraska, he said. change would be in line with the re- for those with no teaching background, Someone with a bachelor’s degree quirements of other state’s evaluation and no state college or university offers but no teaching background can apply schedules. a two-year program like that proposed for a transitional permit and start course- In addition, the bill would require by LB1135, he said. work at UNK, which he or she has four that audits analyze whether job growth “For individuals that are com- years to complete, Halstead said. in businesses receiving tax incentives ing as career changers,” Vargas said, “From the state board’s perspec- is at least 10 percent above industry “there isn’t as succinct or clear and tive, we’re not quite sure how a two- averages, and the cost per full-time consolidated a pathway as we’re pro- year program—when the board’s giving worker. The bill also adds definitions posing here.” somebody up to four years to complete in order to develop the most effective Maddie Fennell, executive director that—is better,” he said. evaluation of how the programs are of the Nebraska State Education Asso- The committee took no immediate being implemented, Kuehn said. ciation, testified in support of the bill, action on the bill. “This bill is designed to help the provided that it includes an amend- Legislature get better information ment requiring out-of-state teachers about tax incentive evaluations and to maintain Nebraska certification encourage members to provide their requirements. input and opinions on the matter,” “This is important, as some states he said. offer lifetime certificates,” she said. Bill to improve tax incentive Henderson Sen. Curt Friesen “We believe that educators must audits advanced spoke in support of the bill. Several confirm ongoing professional develop- of the state’s incentive programs do ment for certification renewal.” A bill intended to improve legisla- not work the way they were intended, Nicole Fox, director of government tive performance audits of the state’s he said, and the state is losing revenue relations for the Platte Institute, also tax incentive programs was advanced while incentivizing low-wage jobs.

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018

“We have created a whole [system] Redistricting bills considered pal lines when appropriate; and of tax credits and programs out there • only data and demographic and our ability to monitor whether The Executive Board considered information obtained from the they are doing what they are meant two proposals Feb. 5 regarding the U.S. Bureau of the Census. to accomplish—we have no idea,” Legislature’s redistricting process. The Redistricting Committee of Friesen said. Currently, the Legislature is respon- the Legislature would be required to Lincoln Sen. Kate Bolz praised sible for drawing new governmental hold at least one public hearing in the committee’s work, but said the boundaries every 10 years after the each congressional district to receive bill’s wage evaluation level is too low. decennial census for districts pertaining input on the maps. The committee The state invests $270 million in tax to the U.S. House of Representatives, then would deliver a report on those incentive programs, she said, yet is in- Legislature, Public Service Commission, hearings to the Legislature. centivizing jobs that cannot support a University of Nebraska Board of Regents The director of the Office of Legisla- family. The family-supporting wage in and the state Board of Education. tive Research would deliver initial ver- Lancaster County for a family of four Redistricting will be undertaken sions of the maps to the Legislature, to is $52,157 per year, she said, but the next in 2021. be placed on general file no later than state incentivizes jobs through these LB975, introduced by Omaha 15 calendar days after the director re- programs that pay as low as $26,000. Sen. Sara Howard, would adopt the ceives the federal decennial census data “If we are setting an evaluation Redistricting Act. from the U.S. Bureau of the Census. benchmark too low, we are setting Howard said the No changes other than corrective our sights too low for wages and jobs bill would codify amendments would be allowed to the in our state,” she said. “We are invest- in state law the leg- initial version of the maps. The Leg- ing too much of our state’s resources islative resolution islature would have three attempts to in too low of wages and it’s time for that guided the last pass redistricting maps. If unsuccessful, a change.” redistricting process the act would provide for the governor Sen. Sue Crawford of Bellevue also in 2011. According Sen. Sara Howard to call a special session within 30 days expressed reservations about the defi- to her research, Howard said, the redis- after adjournment of the regular legisla- nition of high-quality jobs in LB936, tricting process has never been done the tive session and the redistricting com- but noted that the bill addresses the same way twice, so placing the guidelines mittee would begin the process again. current evaluation standards for tax in state law could help to ensure a con- Also considered was LB974, spon- incentive programs and not actual sistent process going forward. sored by Omaha Sen. Tony Var- program qualification requirements. She said the bill is modeled on the gas, which would The state’s economic development Iowa process, which is widely respect- prohibit consid- task force has identified strengthening ed by lawmakers and the public and eration of the po- the definition of incentives as an im- has resulted in competitive districts litical affiliation portant priority for both qualification and a smooth redistricting experience. of registered vot- and evaluation in the future, she said. “It is innovative [and] nonpartisan ers, demographic “The definition in LB936 does and allows all parties to work together information other at least require that they pay higher to create fair and even political dis- than population Sen. Tony Vargas than the industry average [wage], so it tricts,” Howard said. figures and results of previous elec- does put a bar that is higher than our Among other provisions, the act tions when drawing boundaries for leg- qualification standards in some of the would require that new district maps islative districts. Information required parts of the Advantage Act,” Crawford be drawn using state-issued computer by federal law or the U.S. Constitution said. “So, it at least moves the bar up a software and politically neutral crite- would be exempted under the bill. bit, but we can move that bar up much ria, including: “The intent of LB974 is to ensure further—and need to move that bar up • equal population; that our next redistricting process is as further—as we move forward.” • contiguous districts; fair and transparent as possible,” Var- The bill advanced to select file on • no political affiliation data; gas said. “The language in this bill is a 43-2 vote. • no previous voting data; taken directly from LR132, which was • deference to county and munici- the Redistricting Committee’s resolu-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 5 - 9, 2018 tion on criteria and the redistricting members of the Legislature and six LB1120, sponsored by committee process in 2011.” appointed members, two from each of chairperson Sen. Jack Gould of Common Cause the state’s three congressional districts. Tyson Larson of Nebraska testified in support of both The board would be required to es- O’Neill, would measures, saying clear guidelines would tablish what constitutes inappropriate make a variety of ensure that no political party is advan- conduct by an employee or member changes to the taged in the redistricting process and of the Legislature and establish pro- Nebraska Liquor could help the state avoid lawsuits. The cedures for receiving and investigating Control Act. 1990 redistricting process resulted in complaints. Among other Sen. Tyson Larson litigation, he said, and term limits mean The board also would establish provisions, the bill would: that legislative memory about how to potential disciplinary sanctions for • allow a party to apply for a re- avoid those problems has been lost. violations and administer those sanc- hearing when a license applica- “It’s all about making a process tions when necessary. Submission of tion is denied; that’s respected and represents the true a complaint to the Legislative Ethics • clarify that the fees collected for interest of the public,” Gould said. Board would not preclude the filing beer shipper licenses are to be John Hansen, president of the Ne- of a complaint with any court of law deposited in the Nebraska Beer braska Farmers Union, also spoke in or other appropriate agency. Industry Promotional Fund; support of both bills. The public has lost Kuehn said he introduced the mea- • require third-party shippers to a great deal of faith in government and sure to begin discussions about what file annual reports with the the political process, he said, and any- currently happens when questions of Liquor Control Commission thing that can be done to promote high unethical conduct arise at the Legisla- regarding the alcohol they standards and transparency would be ture, and what changes could or should transport; beneficial to restoring the public trust. be made to that process. Nebraska is • require that Special Designated “The issues that are [raised] through one of only eight states that does not License applications be received redistricting are not only the practical have an internal legislative committee within 10 working days prior to part of how it is that districts actually to address ethics issues, he said. an event, but this requirement get set up and how communities of “While recent events across the could be waived by the commis- interest are defined and captured, but country and questions involving policies sion’s executive director; there is also the public perception part such as sexual harassment and others • allow Class C licensees with of how all of that works,” Hansen said. certainly can be a potential part of this, a bottling endorsement to in- No opposition testimony was of- it is much broader,” Kuehn said, adding crease the size of their growlers fered and the committee took no im- that it could include conflicts of interest from 32 to 64 ounces; mediate action on either bill. and other conduct. “I firmly believe that • prohibit the commission from a process that everyone understands is requiring the long-form applica- Legislative ethics board better than a question mark.” tion unless the local governing considered The committee took no immediate body requests in writing a hear- action on the proposal. ing to determine whether there A board to investigate ethics com- has been a change in circum- plaints against members and employ- stances to warrant requiring the ees of the Legislature was proposed long-form application; in an Executive Board hearing Feb. 8. • establish procedures that in- LB1099, intro- clude requiring the commission duced by Heartwell Omnibus liquor law bill to maintain a list of delinquent Sen. John Kuehn, considered accounts and prohibit wholesal- would create the ers from selling to retailers who Legislative Ethics The General Affairs Committee are more than 34 days overdue; Board, comprised heard testimony Feb. 5 on a bill that • allow the commission the dis- of a chairperson would make a number of changes to cretion to suspend a license for elected by the Sen. John Kuehn the state’s liquor laws. a second and subsequent viola-

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018

tions of the Liquor Control Act in opposition to a provision in the bill local political officials. in addition to compliance check that she said would eliminate a key The four beer sellers in the un- violations; and source of funding for the state’s craft incorporated community of eight • prohibit expenditures from beer industry. Currently, she said, the residents were denied a liquor license the Nebraska Beer Industry guild pays an executive director with renewal because the area lacked ad- Promotional Fund to be used funds awarded by a grant from the equate law enforcement, he said. The for salaries or compensation Nebraska Beer Industry Promotional community’s experience “provides for employees of any licensee Fund, who works full time to coor- ample evidence” that local governing or entity representing licensees dinate regulatory compliance, create bodies should not provide the only under the Liquor Control Act. tourism opportunities and promote level of oversight, he said. In addition, the bill would create Nebraska craft brewers. “If the county board had the final the Music Licensing Agency Act. The LB1120 would prohibit paying the say, the beer stores in Whiteclay would act would require a music licensing executive director with those funds, still be in business,” Carlson said. agency to register with the state De- she said. The committee took no immediate partment of Revenue and file an an- “The primary purpose of the beer action on LB1120. nual electronic copy of each perform- fund is to continue to market and ing rights agreement that provides for grow the craft beer industry in Ne- payment of royalties made available braska,” Kavulak said. “This requires from the music licensing agency to the focus and attention of a single in- any Nebraska proprietor. dividual. We are all small brewers—we Michelle Weber, testifying on are all small business owners—we are behalf of Kum & Go convenience busy running our own businesses.” Direct primary care pilot stores, supported the provision allow- Hobert Rupe, executive director of program considered ing increased growler size for Class C the Nebraska Liquor Control Com- licensees with a bottling endorsement. mission, also opposed the provision, The Government, Military and She said 64 ounces is the most popular saying violations by craft brewers often Veterans Affairs Committee heard growler size for craft beer enthusi- are the result of owners not under- testimony Feb. 7 on a bill that would asts, so the change would justify the standing the intricacies of state liquor create a state employee pilot program company’s investment in seeking the law. Having an executive director for for direct primary care. endorsement. the craft brewers’ guild provides a LB1119, sponsored by Ralston Sen. “Kum & Go is interested in invest- point of contact between the oversight Merv Riepe, would ing in Nebraska to offer growlers of agency and producers, he said. create a pilot pro- craft beer in its stores,” Weber said. Rupe also opposed the provision gram for state em- Les Meyer of the Nebraska Winery prohibiting the LCC from requesting ployees eligible to and Grape Growers Association testi- a long-form renewal application from participate in the fied in support of the music licensing a licensee absent a written request Nebraska state in- portion of the bill, which he said from a local governing board. He said surance program. would offer important protections the provision would fundamentally The two-year pilot Sen. Merv Riepe from aggressive licensing companies change the role of the commission, program would begin in fiscal year to vineyards and other entities. which he said strives to remove lo- 2019-20 and require that the state “This bill will require [licensing en- cal political considerations from the insurance program include at least tities] to provide updated information licensing process. two primary care options—one high- [regarding] who it is they represent so Also opposing the change was deductible and one low-deductible— a proprietor can decide which of the retired attorney Dennis Carlson of for state employees. entities they need to license with or Lincoln. Without the ability for a Riepe said direct primary care if they can even afford to offer live state-level review of liquor licensees, focuses on developing a strong rela- music,” Meyer said. he said, the situation in Whiteclay, Ne- tionship between doctors and patients Kim Kavulak, representing the Ne- braska, likely never would have been that allows individuals to obtain care braska Craft Brewers Guild, testified resolved due to the vested interests of without worrying about co-pays or

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 5 - 9, 2018 insurance claims and deductibles. Todd Johnson also testified in sup- provide information on identifying “Direct primary care has doubled port of the proposal, saying he was the false allegations of sexual abuse or in 2017,” Riepe said. “It is a rapidly first direct primary care provider in assault. This information could dis- growing concept because it’s proven Nebraska. Direct primary care offers courage foster parents and guardians to be cost effective.” greater affordability, he said, in part from taking allegations seriously and Under the bill, a participating pro- because providers can offer wholesale reporting them to the appropriate vider would be required to: pricing for prescription medication, authorities as required by law, she said. • provide primary care to an medical imaging, medical equipment “Child sexual abuse can haunt a enrollee; and laboratory services. survivor for the rest of their lifetime, • coordinate care across all care “I have a dozen businesses on board increasing the risk for physical and settings; with me that are subscribing all their mental health problems,” Wishart • oversee transitions in care be- employees because they can finally said. “Protecting the welfare of chil- tween settings; and offer health care to their employees, dren in our state is a priority for every • minimize the risk of gaps in care. when before they were offering health member in the Legislature.” Providers would receive a monthly insurance that they could not afford,” The bill also would require families payment of a per-member, per-month Johnson said. seeking licensure for a kinship place- fee for each enrollee and would be No opposition testimony was of- ment to complete the sexual abuse required to continuously monitor care fered and the committee took no awareness training. Currently, families quality measurements. The state De- immediate action on the bill. can receive a waiver for the general partment of Administrative Services licensure training requirements. would provide the Legislature with Inspector General for Nebraska an annual report on the clinical and Child Welfare Julie Rogers spoke in financial performance of the program. support of the bill. She said an investi- Cliff Robertson testified in support gation into sexual abuse claims found of the bill on behalf of CHI Health that 50 children in the state’s care were and the Nebraska Hospital Associa- victims of sexual abuse between 2013 Training about sexual abuse tion. CHI Health recently became one and 2016. proposed for foster parents of the first health systems to offer Education on the prevalence of direct primary care as a benefit to its Foster parents in Nebraska would sexual abuse in the foster care system employees, he said, and the result has receive more comprehensive training is especially important, Rogers said, been better care at a lower cost. about sexual abuse under a bill heard considering that a child living without Robertson, a family physician and by the Health and Human Services either parent is 10 times more likely to CEO of CHI Health, said the tradi- Committee Feb. 7. be sexually abused than a child living tional “fee-for-service treadmill” results LB1041, introduced by Lincoln with both parents. in providers seeing more patients in Sen. Anna Wishart, would require “In many instances, the foster par- a shorter time in order to maintain that the training ents were ill-equipped to protect the economic viability. Because direct specifically in- children and respond appropriately primary care patients pay a monthly clude identifying a when sexual abuse allegations were fee, they can see a doctor at any time child’s risk of sexu- made,” she said. “Educating foster without additional charge, he said, al abuse, minimiz- parents on prevention ensures that and providers have the time to get to ing the potential children in state care are safe and that know patients. for sexual abuse, the appropriate action will be taken “Based on our own experience talking appropri- Sen. Anna Wishart when issues do arise.” with both our employees and our own ately about boundaries with children, Representing Nebraska Appleseed, providers, I believe you’re on the right recognizing signs of abuse and reacting Becca Brune also testified in support track with LB1119 and that you’ll see appropriately to any sign or disclosure of LB1041. She said that child sexual positive benefits for state employees as of sexual abuse. abuse remains a problem throughout well as seeing lower health care costs,” Wishart said the state’s current the state’s foster care system. Robertson said. training programs for foster parents “From what we have seen, the train-

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018 ing currently used is not comprehen- weigh stations or collect tolls. interest in a motor vehicle for up to sive enough and not uniformly applied As amended on select file, the bill $5,000. across the state,” Brune said. “The prevents agencies from storing the The exemption limits will be ad- training detailed in the bill would captured data—including photographs justed for inflation every five years, better prepare foster and adoptive of license plates, GPS coordinates beginning in 2023. parents to identify and report allega- and time and date information—for The bill passed on a 47-0 vote. tions of abuse.” more than 180 days unless it is used No one testified in opposition to as evidence or if it is subject to a Bill would restrict use of the bill and the committee took no preservation request or the subject of juvenile custodial statements immediate action on it. a warrant, subpoena or court order. Governmental entities or criminal The ability to use statements made defendants may request a court order by a juvenile during a custodial inter- for the disclosure of captured plate rogation would be restricted under data, which may be granted if they a bill heard Feb. 9 by the Judiciary can offer facts showing that there are Committee. reasonable grounds to believe the data Under LB930, sponsored by Lin- Privacy restrictions for is relevant to a criminal or civil action. coln Sen. Matt Hansen, such a state- automatic license-plate Agencies using automatic license ment would be admissible against readers approved plate readers are required to adopt a juvenile only if his or her parent, and post a privacy policy and a policy guardian or custodian was present Senators gave final approval Feb. governing use of the systems, and during the interrogation—and if both 8 to a bill meant to protect the pri- they are required to report annually were advised of the juvenile’s right vacy of Nebraskans whose license to the Nebraska Commission on Law to counsel and to remain silent and plate numbers are recorded by some Enforcement and Criminal Justice on voluntarily waived those rights prior government-operated cameras. their use. to questioning. Introduced by Lincoln Sen. Matt LB93 passed on a 47-0 vote. An exception would be made for Hansen, LB93 restricts how law en- a statement, admission or confession forcement agencies Bankruptcy exemptions that otherwise would be admissible and other govern- increased under the public safety exception to ment entities gath- Miranda v. Arizona. er and share data Senators passed a bill Feb. 8 that Hansen explained that a custodial from automatic li- expands bankruptcy exemption pro- interrogation is when someone is be- cense-plate readers, visions that were last modified 20 ing questioned by law enforcement which are mobile years ago. and reasonably without the ability to or fixed cameras Sen. Matt Hansen LB105, introduced by Bancroft leave, even if they technically are not used in combination with computer Sen. Lydia Brasch, under arrest. Often, he said, juveniles algorithms to turn license plate images increases the person- are pulled out of school and undergo into computer-readable data. al property exemp- custodial interrogation without a par- The bill allows government entities tion from $2,500 to ent’s knowledge or consent. to use automatic license-plate readers $5,000 when filing Nebraska does not consider 18-year- only to identify vehicles that are associ- for bankruptcy or olds to be adults under the law, he ated with a missing person, registered resolving a creditor said, because their decision-making to someone with an outstanding war- judgment. Sen. Lydia Brasch abilities are considered not fully rant, relevant to an ongoing criminal The bill additionally increases an formed. investigation or reported as stolen. exemption for household items from “If we as a state do not think Parking enforcement agencies may $1,500 to $3,000 and an exemption that 18-year-olds are able to fully un- use the systems to identify vehicles for business tools and equipment derstand and able to consent to an with outstanding parking or traffic from $2,400 to $5,000. The bill also apartment lease, why on earth do we violations, enforce secured areas, assist provides an exemption for a debtor’s think we could get them to waive their

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 5 - 9, 2018 constitutional rights?” Hansen said. step in [the right] direction,” Marks from their attacker,” she said. “It Amy Miller of ACLU of Nebraska said. “It doesn’t exactly level the play- reframes the way our legal system ap- supported the bill, saying that with- ing field, but I think it helps.” proaches situations in which an indi- out legislative action, the courts have Corey O’Brien, speaking on behalf vidual did not give voluntary consent decided that children as young as 14 of the Nebraska attorney general’s in sexual encounter.” are capable of fully understanding the office and the Nebraska County At- The existence of a current or implications of waiving their Miranda torneys Association, said the courts previous dating, social or sexual re- rights. Yet science indicates that chil- should regulate how the Miranda lationship would not imply consent. dren lack the ability to do so, she said. warning is administered. Testifying Similarly, a person’s clothing or alco- “They simply lack both the real- against the bill, O’Brien said Ne- hol and drug use would not constitute world knowledge and the brain braska courts already have deter- consent. development,” Miller said, adding mined that juveniles must receive Consent given under instances of that Arkansas, Hawaii and Missouri age-appropriate advisement of their force, fraud or coercion also would already provide the kind of protections rights. be considered invalid under the bill. outlined for juveniles in LB930. In addition, he said, there are times Miranda Melson, vice president of Juliet Summers of Voices for Chil- when a parent is the victim of the PREVENT UNL, spoke in support of dren in Nebraska also testified in juvenile in a custodial interrogation the bill. After she was raped, she said support, saying the bill would provide or is placing pressure on a child to she reported it to university officials age-appropriate protection for young cooperate with police when the child but was told the encounter was con- people who come in contact with law does not wish to do so. sensual because she never said “no.” enforcement. Research shows that “It is our opinion that it is the con- “‘Yes means yes’ is based on enthu- juveniles are far more likely to offer stitutional right of the child, and not siasm and ongoing dialogue,” Melson false confessions during interroga- of the parent,” O’Brien said. said. “It is not to punish people caught tions, she said, noting that 43 percent The committee took no immediate in seemingly ambiguous situations, of juvenile exonerations involve false action on LB930. but to prevent situations from being confessions, compared to 13 percent ambiguous in the first place.” of adult exonerations. Bill would establish affirmative No person should be presumed “A custodial interrogation, when consent standard for sex to be constantly consenting to sexual you’re not free to leave, is by its na- activity, said Planned Parenthood ture—or can be—coercive,” Summers The Judiciary Committee heard representative Meg Mikolajczyk. said. “Particularly if the person under testimony Feb. 9 on a bill that would “Seeking permission instead of interrogation is a child.” establish an affirmative consent assuming consent is exceptionally Sarpy County public defender standard in deciding cases of sexual important in the way power imbal- Dennis Marks, testifying on behalf assault. ances present themselves,” she said. of the Nebraska Criminal Defense Under LB988, introduced by Lin- “Affirmative consent restructures the Attorneys Association, said having a coln Sen. Patty power dynamic and allows people to parent present would be a step toward Pansing Brooks, actively set their boundaries.” better protecting the rights of juveniles people must Representing the Women’s Foun- during custodial interrogations. have a know- dation of Lincoln and Lancaster Law enforcement are specifically ing and volun- County, Kathleen Uhrmacher also trained in how to obtain information tary agreement, supported the bill. and confessions, he said, and are freely given, to “This reframes the way consent is legally able to lie in an effort to do engage in sexual Sen. Patty Pansing Brooks viewed and thus moves the onus from so. In addition, he said, parents often contact. Pansing Brooks said it would victims of sexual assault to the perpe- don’t realize that their children can be better protect victims of sexual assault trators,” Uhrmacher said. “By requir- interrogated without their knowledge under the law. ing both partners to make a conscious, or consent. “This is more than a definitional voluntary affirmative agreement to “Having a parent present—although change—it is about empowering survi- engage in sex with each other, LB988 an attorney would be preferable—is a vors of sexual assault who seek justice empowers sexual assault victims and

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establishes clear boundaries.” juvenile system so that after kids com- adult lives,” Gonzalez said. “However, Opposing the measure was Molly mit serious offenses there’s a pause to the Omaha Police Department does Keane, representing the Nebraska make sure that our public safety is still believe that enforcement options County Attorneys Association. She number one,” Wayne said. should continue until 25 to ensure said she admires the motivation A person who violates the bill’s those past transgressions do not repeat behind the bill but testified that the provisions would be guilty of a Class themselves.” language was confusing and could IIIA felony for a first offense, which Opposing the measure was Spike make it more difficult for prosecutors carries a penalty of up to three years Eickholt, representing the Nebraska to prove cases against sexual assault imprisonment and 18 months post- Criminal Defense Attorneys Associa- perpetrators. release supervision, a $10,000 fine or tion. He said there already are crimes “We’re responsible for proving both. Second and subsequent offenses in statute that would cover an offense every element of a crime beyond a would be a Class III felony, eligible for of this nature. Instead, Eickholt said, reasonable doubt,” Keane said. “This up to four years imprisonment and this would create another felony would force the defense to prove some- two years post-release supervision, a charge that could be stacked on top thing, rather than forcing the state to $25,000 fine or both. of other charges. prove its case.” The prohibition would not apply to “Nothing in this bill would limit The committee took no immediate the possession of firearms by members prosecutors from only charging this action on the bill. of the U.S. Armed Forces, National offense when a crime is committed,” Guard, Reserve Officers Training he said. “We already have overlapping Gun possession would be Corps, or law enforcement officers layered offenses that can be piled on.” prohibited for certain juveniles while on duty or during training. Christine Henningsen, director of A person subject to the bill’s provi- Nebraska Youth Advocates, also op- Certain adjudicated youth would sions could file for an exemption. The posed the bill. It would not make the be temporarily barred from possess- court would consider the person’s community any safer, she said, but it ing firearms under a bill heard by the behavior following adjudication, the would push juveniles deeper into the Judiciary Committee Feb. 8. likelihood of recidivism and any other court system. Under LB990, introduced by relevant information. “Creation of a new felony based Omaha Sen. Justin Wayne, a person Jim Maguire, representing the on a juvenile adjudication will not under 25 would be prohibited from Nebraska Fraternal Order of Police, create a deterrent effect among youth possessing a fire- spoke in favor of the measure. He and it won’t make us any safer,” Hen- arm if they have said the case of a 17-year-old who shot ningsen said. “I don’t think creating been adjudicated a sheriff’s deputy shows the need for a new felony that will open them up in juvenile court the bill. to incarceration and further punitive of a misdemeanor If that young man’s case remains interventions is a step forward.” domestic violence in juvenile court, Maguire said, he The committee took no immediate charge or any fel- would be able to purchase a gun after action on the bill. ony, are a fugitive Sen. Justin Wayne finishing his probation. from justice, or are the subject of a “We need to make sure the people Constitutional amendment current domestic violence, harassment who commit these crimes cannot have would legalize medical or sexual assault protection order. a firearm until they can show they are cannabis Wayne said the state Supreme responsible for their actions,” he said. Court has made it clear that a juvenile Omaha Deputy Police Chief Greg The legalization of medical cannabis adjudication has no impact on a per- Gonzalez also supported the bill. Ju- would be placed on the ballot for voters’ son’s civil liberties or rights, including veniles can be rehabilitated, he said, consideration under a measure present- gun ownership. Children can change, but they should earn back their right ed to the Judiciary Committee Feb. 8. he said, but psychological research also to gun ownership. LR293CA, introduced by Lincoln says that a child’s brain is not fully “This would ensure past transgres- Sen. Anna Wishart, would put the developed until 25 years of age. sions committed by juveniles do not issue on the November 2018 general “This bill will start changing the continue to haunt them into their election ballot. A poll commissioned

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 5 - 9, 2018 last year by the Marijuana Policy Proj- smoking cigarettes, sugar, gluten, caf- ies on the effects of high potency mari- ect found that 77 percent of likely feine, my blood pressure medicine, juana and this bill has no provision to Nebraska voters would vote to legalize my anti-psychotics, anti-depressants, control THC levels,” she said. medical cannabis, she said. anti-epileptics, opioids and sedatives The committee took no immediate “I have heard overwhelming sup- and I’m still a criminal,” she said. “It action on the bill. port from across is time to come together and make a the state, from change to this archaic way of thinking.” moms dealing A 2014 car accident that resulted in with their chil- severe nerve damage, post-traumatic dren’s seizures, stress disorder, depression and glau- older people with coma made Joseph Guinan of Omaha arthritis, people a supporter of medical cannabis. He Expanded sales tax base would pay for property tax with multiple scle- Sen. Anna Wishart said he truly did not understand the rosis and cancer patients,” she said. benefits of cannabis until he experi- credits, schools “Nebraskans deserve a chance to vote enced it firsthand. A state sales tax increase, new sales on this issue.” “The fact that there are families and use taxes and many other changes If approved by voters, people would who are uprooting and moving to to the state’s tax code would pay for have the right to use medical cannabis states that have legalized, no one just additional property tax credits and products—regardless of their form—to does that without a good reason,” Gui- increased public school funding under treat or relieve any medical condition nan said. “If cannabis helps someone a bill heard by the Revenue Commit- or illness. Use of medical cannabis get through the day pain free and stress tee Feb. 8. would be subject to any law, rule or free, they should have access to it.” Albion Sen. Tom Briese, sponsor regulation passed by the Legislature, Opposing the measure was Ryan of LB1084, said that the average Ne- as long as it would not infringe on Post, representing the state attorney braskan pays more in property taxes people’s right to consume. general. He disagreed that the state has than state, local and motor vehicle The state would not have to worry the authority to legalize a substance sales taxes combined. At the same about federal drug laws pre-empting le- currently prohibited by the federal time, he added, Nebraska is nearly galization at the state level, said ACLU government. last in the nation in the percentage of Nebraska Legal Director Amy “If this constitutional amendment of public elemen- Miller in support of the measure. She were passed by the Legislature and tary and secondary said concerns about a state marijuana adopted by the voters, it would need education funded law violating the federal Constitution to have enabling legislation,” Post by the state. are unfounded. said. “Federal law would preempt any Briese said it is “There is strong case-law support legislation the Legislature would enact clear that Nebras- that shows Congress has already cho- that is in conflict with the Controlled kans—in both rural sen to leave this issue up to the states,” Substances Act.” and urban areas— Sen. Tom Briese Miller said. “When Congress passed Dr. Monica Oldenburg, an anesthe- are demanding property tax relief. the Controlled Substances Act in 1970, siologist in Lincoln, also opposed the “I believe there’s only one respon- they already knew that Nebraska and measure. She said much of the mari- sible way to do it,” he said, “and that’s 18 other states considered possession juana available today has alarmingly raising new revenue [and] putting it of less than an ounce of marijuana just high levels of tetrahydrocannabinols, into the hands of our property tax an infraction and they did nothing.” the chemical compound responsible payers through increased K-12 fund- Lia McDowell Post of Springfield for marijuana’s psychoactive effects. ing and the property tax credit fund.” also supported the proposed amend- More research is needed on can- All the new revenue generated by ment. She said cannabis has helped her nabis and its side effects, Oldenburg LB1084, except for the increased aid to manage her complex regional pain said, before the state can expect physi- to school districts, would be deposited syndrome for a year, but by doing so cians to prescribe it with any measure in the property tax credit cash fund. she is technically committing a crime. of confidence. The state Department of Revenue “I’ve given up drinking alcohol, “We have no good long-term stud- estimates that the bill would direct an

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018 additional $234 million to the fund in sellers without a physical presence in overdue. She said close to 70 percent fiscal year 2018-19 and a further $418 Nebraska to collect state sales taxes if of the district’s funding comes from million in FY2019-20. The fund cur- their sales total $100,000 or more or local property taxes and less than 17 rently holds approximately $224 million. if they made at least 200 transactions. percent comes from the state. The state Department of Education LB1084 would impose a Nebraska “As a state, we simply have to find estimates that LB1084 would increase alternative minimum tax and would ways to pay for services outside of local state aid to schools by $144 million in repeal an adjustment that allows in- property tax revenue,” Kopcho said, FY2018-19 and that all of the state’s dividuals to decrease their adjusted “and this bill does that.” 244 school districts would receive ad- gross income for non-Nebraska source Tiffany Joekel, policy director at ditional state aid as a result of the bill’s income earned through a pass-through OpenSky Policy Institute, also testified changes to the school funding formula. entity. in support of the bill. She said it would LB1084 would increase the state The bill also would restore cuts broaden the state’s sales tax base while sales tax from 5.5 percent to 6 per- to state aid to schools made last year eliminating tax breaks and loopholes cent beginning Oct. 1, 2018. It also and would increase the amount of al- for special interests. would impose sales and use taxes on located income taxes to schools from “It is the only fiscally responsible more than a dozen services, including the current 2.23 percent to 20 percent. solution on the table that provides investment advice, hair care, lawn care However, it would limit the amount a path to meaningful property tax and massage. Soft drinks, candy and that school districts can request in reform while protecting state budget bottled water also would be subject to property taxes each year. priorities like health care and K-12 sales tax. Finally, the bill would require education,” Joekel said. The bill would eliminate sales tax the state Department of Education Testifying in opposition to the bill exemptions for school meals and the to oversee an in-depth review of the was Coby Mach, speaking on behalf fees and admissions charged for politi- financing of public elementary and of the Lincoln Independent Business cal events, school events and nonprofit secondary schools. The report would Association. He said the association is sporting events. Sales tax exemptions examine methods of school financing concerned about a proposed increase for capital gains, fine art purchases by that would offer alternatives to a heavy in sales and use tax when Nebraska re- museums, zoo memberships, news- reliance on property taxes. tailers already are in competition with papers and certain other purchases Al Juhnke, executive director of online sellers that are not required to would be repealed, as would the state the Nebraska Pork Producers Associa- collect those taxes. The association sales tax exemption for motor vehicle tion, testified in support of the bill on also opposes taxing personal care ser- trade-ins. behalf of the Nebraska Agriculture vices because those providers already It also would impose a surtax on Leaders Working Group. The ad hoc pay income taxes, he added. anyone who is subject to state income group, comprising officers and staff “Service is your labor,” Mach said, taxes and has a federal adjusted gross from six of the state’s largest farming “and we already tax labor.” income of at least $500,000. The tax and ranching organizations, supports Nicole Fox, director of government would equal 2.5 percent of the AGI LB1084 because it provides substantial relations for the Platte Institute, also of those earning at least $500,000 but property tax relief while generating testified in opposition to the bill. She less than $1 million. It would equal 5 new revenue and ensuring adequate said the Platte Institute agrees that percent for those with an AGI of $1 funding for public education, he said. Nebraska should increase its sales tax million and above. “The need for property tax relief is base by taxing additional services, but it Additionally, LB1084 would in- an urgent one for our Nebraska farmers disagrees with how LB1084 would use crease the excise tax on a pack of ciga- and ranchers,” Juhnke said. “We can- the additional revenue. Without proper rettes from 64 cents to $1.64, directing not wait any longer, and are willing to safeguards in place, Fox said, the bill the additional proceeds to the state’s work with anyone and everyone when could only accelerate local spending. property tax credit cash fund. it comes to timely property tax relief.” “We are concerned that LB1084 The bill would end two tax in- Amie Kopcho, a York Public does not have a strong enough mecha- centive programs and the personal Schools board member, also testified nism to ensure that local property property tax credit program after in support of the bill, saying that a re- tax entities will reduce levy rates in 2018, and it would require internet view of public school financing is long response to receiving these new rev-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 5 - 9, 2018 enues,” she said. tional state revenue in 2018. windfall—some people would call it a Stacy Watson, speaking on behalf He said the most significant change tax increase.” of the Omaha, Lincoln and Nebraska is the repeal of the federal personal LB1048, introduced by Omaha Sen. chambers of commerce, also testified exemption, which is tied to a state ex- Burke Harr, also would create a state in opposition to the bill. The chambers emption credit. To offset this change, personal exemption credit that some specifically oppose repealing the in- LB1090 would create a new $134 Nebraskans could use to reduce their come tax adjustment for non-Nebraska state personal exemption credit that state income tax liability during years income earned from an S corporation individuals could in which personal exemptions are not or an LLC, she said. The proposal claim for them- allowed on the federal tax return. would discourage new businesses from selves and each of Only those with federal adjusted coming to the state, Watson said, and their dependents gross incomes of up to $100,000—or it likely would not increase revenue beginning in 2018. $200,000 if married filing jointly—would because many businesses would switch Congress also qualify. An individual would be allowed to C corporations to avoid it. made changes to to claim an exemption for himself or her- “We request to remove these provi- itemized deduc- Sen. Jim Smith self, any dependents and the individual’s sions from the bill so that they don’t tions, exemptions for capital expen- spouse in certain circumstances. unfairly tax the individuals versus the ditures and the federal standard The department estimates that C corporations as they currently exist,” deduction. To offset those changes, LB1048 would reduce state tax rev- she said. Smith said, LB1090 would adopt a enue by approximately $259 million in Also testifying in opposition was higher Nebraska standard deduction FY2018-19 and a further $196 million Herb Freeman, president of the Ne- of $6,750 for single taxpayers and in FY2019-20. braska Realtors Association. He said the $13,000 for those who are married Harr said his bill is more conserva- proposed sales tax on real estate services filing jointly. tive than LB1090 because it would re- related to single-family homes is unfair It also would adjust individual in- tain more of the in- because similar services for commercial, come tax brackets, the personal exemp- crease in state tax multi-family, industrial, retail or other tion credit and the standard deduction revenue caused by property types would not be taxed. based on the Consumer Price Index the federal chang- “We would submit to you that instead of the new federal method for es. This would give single-family homeowners are not a indexing tax brackets for inflation. the state more cer- special interest group,” Freeman said. The state Department of Revenue tainty about its rev- The committee took no immediate estimates that the bill would reduce enue during the Sen. Burke Harr action on the bill. state tax revenue by $326 million in current budget shortfall. fiscal year 2018-19 and a further $257 Tiffany Joekel, policy director at Bills would restore personal million in FY2019-20. the OpenSky Policy Institute, testified exemption credit Bruce Bohrer, speaking on behalf of in support of the bill, saying that it is the Lincoln Chamber of Commerce, difficult to predict how taxpayers will The Revenue Committee heard tes- testified in support of the bill, saying react to such a major change in tax timony Feb. 7 on two bills intended to he agrees with the effort to offset any policy at the federal level. offset state revenue increases as a result impact that changes to the federal tax LB1048 would avoid the majority of recent changes to federal tax law. code could have on the amount of state of the tax increase that would occur The Tax Cuts and Jobs Act, which taxes that Nebraskans pay. If the state is if the Legislature makes no changes Congress passed in December, makes going to collect more revenue from its to the state tax code, Joekel said, but many changes to the federal tax code. citizens as a result of the federal changes, it also would provide a greater margin Papillion Sen. Jim Smith, sponsor of he said, senators should debate and vote of error than LB1090, which is meant LB1090, said that because Nebraska’s on such a measure instead of letting to be revenue neutral. tax law is tied to the federal code in those changes happen automatically. No one testified in opposition to several places, automatic changes to “I know there’s been some talk either bill, and the committee took no the state’s tax code would generate of just letting this happen,” Bohrer immediate action on them. approximately $220 million in addi- said. “Some people would call it a

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018

ing for a statewide system capable of state’s three congressional districts. next-generation service. This would Each would serve a term of three years. enable public safety answering points The commission would be tasked to receive 911 calls via voice, text or with creating a mechanism for deter- video using internet protocol. mining the level of funding available School bus driver permit LB993, introduced this year by to local governing bodies, public safety repealed Henderson Sen. answering points and third-party ser- Curt Friesen, vice or infrastructure providers from Lawmakers passed a bill Feb. 8 would create the 911 Service System Fund. that is intended to simplify licensing the 911 Service Costs incurred for providing 911 requirements for Nebraska school bus System Advisory service, acquiring new equipment, drivers. Committee to as- training personnel and maintaining, Introduced by Lincoln Sen. Su- sist the commis- upgrading or modifying services all zanne Geist, LB347 eliminates the sion in its mis- Sen. Curt Friesen could be eligible for funding under requirement for a sion to fully implement the 911 service LB993. special $5 school system. Additionally, the commission bus driver permit Friesen said the bill is the result of would be able to apply for federal that must be re- a 2017 interim hearing on the ongoing funds available for next-generation newed annually development of the next-generation 911 service and could distribute the with the state De- service and would move the project funds accordingly. partment of Motor forward to more adequately serve all Commissioner Tim Schram, rep- Vehicles. Sen. Suzanne Geist Nebraskans. resenting the Nebraska Public Service The department retains authority Membership of the advisory com- Commission, spoke in support of to regulate school buses and school mittee would include the 911 director LB993. He said the current 911 sys- bus drivers except for the issuance of and the state chief information officer, tem has served Nebraskans well for the federally required CDL and en- as well as: 50 years, but that the technology has dorsements, which the DMV handles. • four representatives of public outlived its usefulness. School bus drivers still are required safety agencies within the state, “Instead of copper telephone lines, to undergo a physician’s examina- including an emergency man- the next-generation system will use tion to determine whether they meet ager, member of a law enforce- high-speed fiber optics to provide in- physical and mental standards set by ment agency, member of a fire stantaneous communication,” Schram the department. Additionally, school department and a member of said. “It will allow for the seamless bus drivers still are required to take an emergency medical service; flow of voice and multimedia data special training classes, and schools • two county officials or employees; between the caller who needs help and will continue to check drivers’ driving • two municipal officials or em- the dispatcher who can send help.” records and criminal histories. ployees; Brainard resident Norm Weberka The bill passed on a 48-0 vote. • two representatives of the tele- also supported the bill. Without the communications industry; ability to text 911 for help, he said, Bill calls for 911 service • two managers of public safety people who are deaf or hard of hearing committee answer points, one of whom is could be denied emergency services. employed by a county sheriff; “The reason I continue to support The Transportation and Tele- • one representative of the Ne- this issue is because as a deaf person, communications Committee heard braska Association of County I believe I need to have equal access testimony Feb. 5 on a bill that would Officials; and to 911 services,” he said. “Texting 911 improve access to 911 services through- • one representative of the League would be the way I’d communicate out the state. of Nebraska Municipalities. that I have the need for 911 services A bill passed by the Legislature in Of the 14 members appointed to and without that ability, I would no 2016 authorized the Nebraska Public the committee, at least four members longer have access.” Service Commission to organize fund- must be appointed from each of the The agriculture industry is one of

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 5 - 9, 2018 the most dangerous professions in the person of the Nebraska Information band internet service providers to sup- state, said Nebraska Farmers Union Technology Commission, the director port high-speed internet infrastructure representative John Hansen. Farmers of the state Department of Economic deployment projects in unserved or often are alone and geographically Development, the director of the underserved areas. Additionally, the isolated when an emergency strikes, state Department of Agriculture, and commission could withhold fund- he said. additional members to be appointed ing from companies that have not “We have a need for emergency as- by the governor, including represen- adequately served such areas. sistance, unfortunately,” Hansen said. tatives from the state’s agribusiness, Finally, the bill would direct the “Having the best, most technologically business, telecommunications, public commission to establish a registry of available system for assistance is so power and educational communities. locations within the state that receive important.” The task force would study issues complaints of a lack of wireless cov- No one testified in opposition to relating to the availability, adoption erage. The annual report would be the bill and the committee took no and affordability of broadband ser- publicly available and could be used immediate action on it. vices in rural areas of the state. Specifi- in future funding decisions. cally, the task force would: Representing the Nebraska Public Study of rural broadband • determine how the average ad- Service Commission in support of the availability proposed vertised subscription rates and bill was Commissioner Mary Ridder. download and upload speeds “I’m a strong proponent of pulling Expanding high-speed internet compare with neighboring together stakeholders who are working access to rural areas of the state was states; to bring Nebraska forward into the the focus of a hearing of the Trans- • determine whether the ad- future,” Ridder said. “This is a great portation and Telecommunications ministration of the Nebraska vehicle for addressing the challenge Committee Feb. 5. Telecommunications Universal of expanding broadband into rural Henderson Sen. Curt Friesen Service Fund is effective in areas.” introduced LB994, which would bringing comparable and af- Also supporting the measure was create the Rural fordable broadband service to Gwen Kautz, representing the Nebras- Broadband Study rural residents; ka Rural Electric Association. She said Task Force to as- • review the feasibility of alterna- having affordable broadband services sist in developing tive technologies and providers is as important as accessible services. enhanced broad- in expediting access to faster “A non-traditional partnership and band telecommu- and more reliable broadband other innovative solutions could en- nications service service in rural areas; sure all Nebraskans have reliable and to unserved and Sen. Curt Friesen • recommend state policies to affordable broadband,” Kautz said. underserved areas in rural Nebraska. effectively leverage state Uni- “We should have all the same opportu- “It is vital to Nebraska’s future well- versal Service Fund dollars with nities as our urban counterparts do.” being that our rural residents have the federal support; and No one testified in opposition to same opportunities to participate in • recommend to the governor the bill and the committee took no the information superhighway as our and Legislature the most effec- immediate action on it. urban residents,” Friesen said. “I hope tive and efficient ways to use [LB994] jumpstarts the process for federal broadband rural infra- Increased highway speeds eliminating the digital divide between structure funds. proposed our rural and urban residents.” A final report of the task force’s Membership on the task force findings would be delivered to the The state Department of Trans- would include the Transportation Legislature’s Executive Board no later portation could increase highway and Telecommunications Committee than Dec. 1, 2019. speed limits under a bill heard by the chairperson, another member of the LB994 also would authorize the Transportation and Telecommunica- Legislature appointed by the Execu- Nebraska Public Service Commission tions Committee Feb. 6. tive Board, a member of the Nebraska to institute a reverse auction program LB1009, introduced by Gretna Public Service Commission, the chair- that would award funding to broad- Sen. John Murante, would authorize

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018 the department to increase the inter- system but not part of the National ration, Christopher Hilkemann also state speed limit from 75 mph to 80 System of Interstate and Defense opposed the bill. He said his company mph if a traffic and engineering study Highways. requires drivers to travel no faster than would support such a move. Finally, the maximum speed limit 65 mph on interstates and 60 mph on Murante said the increased speed would be increased from 60 mph to 65 state highways to ensure their safety limits would align the speed of Ne- mph on any portion of the National and that of fellow motorists. braska roads with System of Interstate and Defense A difference in speed between the 85th percentile Highways located in Douglas, Lan- truck drivers and motorists already speed—the speed caster and Dakota counties. exists, Hilkemann said, which cre- at or below which Kyle Schneweis, director of the ates opportunities for unsafe driving 85 percent of all state Department of Transportation, maneuvers by people trying to pass vehicles are ob- spoke in support of the bill. The de- semitrucks. served to travel in partment regularly studies the traffic “LB1009 would act not only to free-flowing traffic. Sen. John Murante patterns and average speeds of the increase the existing speed differen- Traffic officials generally agree that state’s highways, he said, and the tial to 15 mph on the interstate, but speed limits should reflect the driving results show that 75 percent of the would create a new speed differential behaviors of most drivers, he said. study locations would benefit from an of 5 mph on highways,” he said. “This South Dakota recently adopted increased speed limit. would create conditions that are rife a higher speed limit, Murante said, Substantially similar highways for more frequent and serious colli- which led to a decrease in traffic fatali- throughout the state have differing sions to occur.” ties that can result from large speed speed limits, he said, which can lead The committee took no immediate differentials between drivers. to driver confusion. action on the bill. “This bill reflects what the driv- “LB1009 would bring consistency ing patterns are telling engineers and and uniformity to our highway sys- policymakers what the appropriate tem,” Schneweis said. “It would ensure speeds for highways should be,” he that Nebraska roads are meeting our said. “Traffic officials generally agree drivers’ expectations.” that speed limits should reflect the Lancaster County Engineer Pam driving speeds of most drivers.” Dingman, also testified as a propo- Economic development cap The bill would create a “super-two” nent. She said the 85th percentile removed highway classification, which would method for determining speed in- One of the caps in the state’s Local consist of two-lane highways designed creases is rooted in engineering prin- Option Municipal Economic Develop- primarily for through traffic with pass- ciples and would create a standardized ment Act was removed by a bill passed ing lanes spaced intermittently and approach to assigning speed limits. Feb. 8. on alternating sides of the highway to Opposing the measure was Eric Ko- Currently, a cap of four-tenths of provide predictable opportunities to eppe, president of the National Safety one percent of a city’s taxable valua- pass slower-moving vehicles. Council of Nebraska. He said that a tion is placed on The maximum speed limit would 2017 council study ranked Nebraska funds derived from be increased from 60 mph to 65 mph 35th in the nation in highway traffic local revenue sourc- on any four-lane divided highway that safety. The study cited high rates of es that a city can is not a part of the state highways speeding, distracted driving and lack use for approved system and any part of the state high- of seatbelt use, Koeppe said. economic develop- way system other than an expressway, “This would only exacerbate our ment programs. super-two highway or freeway. lack of primary seatbelt and distracted LB614, intro- Sen. Justin Wayne Speeds would increase from 65 driving laws,” he said. “In order to duced last year by Omaha Sen. Justin mph to 70 mph on expressways and create more safe drivers, education Wayne, removes that cap. The bill super-two highways that are part of must be combined with strong laws leaves in place a second, flat-dollar the state highway system, and freeways and proper enforcement.” spending cap. that are a part of the state highway Representing Crete Carrier Corpo- Senators passed the bill on a 47-0 vote.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 February 5 - 9, 2018

New tool proposed for neigh- reducing the level of other local or fied in support of the bill. Livable borhood development state resources,” Hansen said. neighborhoods are a vital part of a Under the bill, a city council successful city, he said, and neighbor- Neighborhoods would have an would draw the lines of an NID and hoods currently have very few improve- additional avenue to pursue improve- either appoint a board or designate ment tools, unlike business districts. ment projects under a bill heard Feb. an existing neighborhood association “If a neighborhood chooses for itself 6 by the Urban Affairs Committee. or homeowners’ association board as to make and enhance its own opportuni- LB986, sponsored by Lincoln Sen. the NID board. If a city declined to ties, I think the neighborhoods ought to Matt Hansen, would authorize the do so, the owners of 30 percent of the have the power to do that,” Landis said. development of neighborhood improve- assessable property in a neighborhood Korby Gilbertson, testifying on ment districts in could petition the municipality to cre- behalf of the Nebraska Realtors Associa- Nebraska. Hansen ate an NID. tion, also supported the bill. Property said the idea was A municipality could impose an owners should be able to band together sparked by the suc- NID special assessment, with funds to improve their neighborhoods, Gil- cess of business im- to be used only for a specific purpose. bertson said, although she did recom- provement districts Authorized purposes under the bill mend that property owners who oppose that allow cities to would include landscaping or physical a special assessment be given more than focus resources on Sen. Matt Hansen improvements for decoration or safety, 10 days’ notice to file their opposition. specific geographic including construction of pedestrian “[That] would probably be a bigger areas. The same idea could be used to plazas, sidewalks, bus stop shelters, hill than someone could climb in that promote neighborhood improvements, public restrooms, pedestrian overpasses amount of time,” she said. he said, which could be funded through or lighting. Hansen said he would be bringing local, state or federal grants, as well as A special assessment would end if an amendment to increase the notice donations or special assessments. it were opposed in writing by more of a public hearing on a special assess- “NIDs are designed to offer exist- than 50 percent of the assessable units ment from 10 to 35 days. ing neighborhoods more control to in an NID. No opposition testimony was of- fund and execute projects they deem David Landis, urban development fered and the committee took no im- important and necessary while not director for the city of Lincoln, testi- mediate action on LB986. g Committee Hearings Current hearing schedules are always available at: NebraskaLegislature.gov/calendar Business & Labor Beginnings Act to provide certain Monday, February 12 services to school-age children Appropriations Room 2102 - 1:30 p.m. LB998 (Walz) Create the Collaborative Room 1524 - 1:30 p.m. LB844 (Crawford) Adopt the Healthy School Behavioral and Mental Health LB677 (Krist) Change appropriations and Safe Families and Workplaces Act Program for certain health and human services LB916 (Hansen) Prohibit retaliation under LB1081 (Education) Change education programs the Nebraska Wage Payment Collection provisions regarding reporting, LB715 (Howard) State intent relating Act and the Wage and Hour Act penalties, residency, boundaries, to appropriations to local public health LB843 (Pansing Brooks) Provide protec- priority schools, subpoena authority, departments tions for employees’ wage disclosures poverty, and limited English proficiency LB864 (Walz) Designate funds LB1014 (Pansing Brooks) Name the appropriated to the Department of Discriminatory Wage Practices Act, Executive Board Health and Human Services for state aid change provisions relating to wage Room 2102 - 12:00 p.m. LB985 (Howard) Provide for state discrimination on the basis of sex, and LB1078 (Crawford) Require reporting of funding of prenatal care under the provide protections for employees sexual abuse allegations as prescribed medical assistance program relating to wage disclosure LR288 (Bolz) Create the Child Welfare LB1101 (Vargas) State intent relating LB791 (Ebke) Change Nebraska State Death and Abuse Special Oversight to appropriations to behavioral health Patrol employees’ bargaining rights Committee of the Legislature services providers Agency 28: Dept. of Veterans’ Affairs Education General Affairs Agency 25: Health and Human Services Room 1525 - 1:30 p.m. LB801 (Stinner) Adopt the Panhandle Room 1510 - 1:30 p.m. LB1102 (Friesen) Change provisions

PAGE 20 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018 Committee Hearings Current hearing schedules are always available at: NebraskaLegislature.gov/calendar relating to distribution of taxes Education Wednesday, February 14 collected, license renewals and fees, Room 1525 - 1:30 p.m. Appropriations and the tax on gross proceeds for LB999 (Vargas) Change provisions Room 1525 - 1:30 p.m. county and city lotteries relating to the Student Discipline Act Agency 51: University of Nebraska LR294CA (Larson) Constitutional LB1110 (Vargas) Require annual System amendment to allow the Legislature to reporting of school performance scores authorize any game of chance, lottery, and classifications Executive Board or gift enterprise and to provide for LB1116 (Linehan) Create the Room 2102 - 12:00 p.m. distribution of revenue Quality Education Accountability LR277 (Schumacher) Rescind any LB984 (Quick) Change provisions of Commission and the Quality Education previous resolutions calling for U.S. Co the Nebraska Lottery and Raffle Act Accountability Office onstitution Article V conventions relating to special permits and gross LB1052 (Pansing Brooks) Require LR286 (Krist) Resolution proposing an proceeds instruction and teacher education election to call a state constitutional related to dyslexia convention to amend Article VIII Transportation & Telecommunications and other revenue provisions of the Room 1113 - 1:30 p.m. Transportation & Telecommunications Constitution of Nebraska Appointment: Barbara J. Keegan - Board Room 1113 - 1:30 p.m. of Public Roads Classifications and LB1063 (McDonnell) Provide funding to Government, Military & Veterans Affairs Standards assist victims of traumatic brain injury Room 1507 - 1:30 p.m. LB1136 (Clements) Provide for custody and increase certain driver’s license LB929 (Brewer) State rights of and disposition of certain vehicles fees as a source of such funding Nebraska National Guard members and in possession of multistate auction LB989 (Wishart) Authorize testing of provide that a residential address may dealers by treating such vehicles as autonomous vehicles by a city of the be withheld from the public abandoned vehicles primary class on its roadways LB1015 (Briese) Allow withholding from LB1011 (Harr) Provide a duty for drivers LB1122 (Larson) Authorize testing public of reports of injury under the approaching certain stopped vehicles of automated motor vehicles as Nebraska Workers’ Compensation Act on a roadway as prescribed under the prescribed that reveal an employee’s identity Nebraska Rules of the Road LB1043 (Lowe) Change provisions LB959 (Murante) Provide requirements LB1049 (Harr) Redefine low-speed relating to reimbursement of common for returning a ballot for someone else vehicle and contract carriers for transportation and provide a penalty LB1080 (Hughes) Provide for Wildlife costs associated with certain agency LB1065 (Murante) Permit use of Conservation Plates clients as prescribed electronic poll books and use of digital LB1092 (Smith) Change provisions LB1031 (Friesen) Change excavation images for confirmation of the voter’s relating to autocycles notification and marking requirements identity and provide for large project planning LB1068 (Murante) Provide for Tuesday, February 13 meetings, rulemaking authority, and seventeen-year olds to vote in special Appropriations cost allocation under the One-Call elections, provide requirements Room 1524 - 1:30 p.m. Notification System Act for adjusting political subdivision Agency 5: Supreme Court boundaries, and change voter Agency 15: Neb. Board of Parole Urban Affairs registration, special election, recall, and Agency 64: State Patrol Room 1510 - 1:30 p.m. initiative and referendum provisions Agency 78: Neb. Commission on Law LB709 (Baker) Change provisions Enforcement and Criminal Justice relating to city and village plumbing Health & Human Services LB716 (Howard) Appropriate funds boards and change a penalty Room 1510 - 1:30 p.m. to the Department of Correctional LB767 (Quick) Adopt changes to the Appointment: Robert L. Newman - Services state building code Commission for the Blind and Visually LB871 (Wishart) Appropriate funds to LB1025 (Wayne) Create the Building Impaired the Department of Correctional Services Codes Advisory Committee and LB866 (Crawford) Change provisions LB861 (Watermeier) Require that change building code provisions relating to rules, regulations, and waivers certain prosecution costs be paid by LB720 (Wayne) Change applicability under the Medical Assistance Act the state provisions for building codes LB867 (Crawford) Change provisions Agency 46: Dept. of Correctional LB889 (Wayne) Provide and eliminate regarding managed care Services duties relating to fire codes LB956 (Howard) Require application LB890 (Wayne) Provide for a fee for a demonstration project to allow examination and report relating to the purchase of medicaid coverage State Fire Marshal

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 February 5 - 9, 2018 Committee Hearings Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

Judiciary LR290CA (Kuehn) Constitutional LB922 (Vargas) Adopt the All Kids Room 1113 - 1:30 p.m. amendment authorizing the Legislature Health Care Program Act Appointment: Layne Gissler - Neb. to value real property for property tax Board of Parole purposes at its market value on date of Judiciary LB836 (Howard) Provide for minors’ acquisition Room 1113 - 1:30 p.m. consent to certain mental health LB978 (Harr) Change provisions relating services as prescribed Thursday, February 15 to garnishment LB964 (McDonnell) Authorize mental Appropriations LB992 (Bolz) Provide for release from health professionals to take a person Room 1003 - 1:30 p.m. a residential lease for a victim of into emergency protective custody LB1002 (Wishart) Create the Nebraska domestic violence and eviction of a under the Nebraska Mental Health Film Office Fund perpetrator of domestic violence Commitment Act LB1055 (Crawford) Create the Intern LB1029 (Hansen) Change time for LB982 (Morfeld) Provide for persons Nebraska Cash Fund and state intent acceptance of a power of attorney eighteen years of age or older to regarding appropriations LB1039 (Linehan) Increase the amount consent to certain behavioral health LB1061 (Wayne) State intent relating that may be required for a pet deposit services to appropriations relating to a grant under the Uniform Residential Landlord LB1082 (Vargas) Require jails, law program as prescribed and Tenant Act enforcement agencies, and the LB1062 (McDonnell) State intent LB1131 (Riepe) Define minor child Nebraska State Patrol to provide public relating to appropriations for the relating to dissolution of marriage notice before entering into agreements Tobacco Prevention and Control statutes to enforce federal immigration law and Program to allow audits of noncomplying entities Agency 27: Dept. of Transportation Natural Resources LB1118 (Krist) Create the Coordinated Room 1525 - 1:30 p.m. Reentry Council Government, Military & Veterans Affairs Appointment: Scott L. Cassels - Game Room 1507 - 1:30 p.m. and Parks Commission Natural Resources Appointment: Darrin Barner - Neb. LB908 (Baker) Provide a disposal Room 2102 - 1:30 p.m. Tourism Commission exception for tires used in a building Appointment: Bucklin, Michelle - Appointment: John Chapo - Neb. system and eliminate obsolete Environmental Quality Council Tourism Commission provisions under the Integrated Solid LB1008 (Bostelman) Increase amounts Appointment: Roger Kuhn - Neb. Waste Management Act of liquidated damages for certain Tourism Commission violations of the Game Law Appointment: Roger L. Jasnoch - Neb. Revenue LR266 (Hughes) Urge the U.S. Dept. of Tourism Commission Room 1524 - 1:30 p.m. the Interior, Bureau of Reclamation, the Appointment: Barry McFarland - Neb. LB926 (Crawford) Exempt members of Nebr. congressional delegation, and the Tourism Commission the armed forces on active duty and Game and Parks Commission to find a Appointment: Debra Nelson-Loseke - their spouses from motor vehicle taxes solution regarding policy changes that Neb. Tourism Commission LB1117 (Crawford) Change certain affect Hugh Butler Lake, Harry Strunk LB1072 (Linehan) Change a preference in cigarette and tobacco products tax Lake, and Swanson Reservoir awarding public contracts and eliminate rates reciprocal preference provisions LB1087 (Wayne) Change tax provisions Nebraska Retirement Systems LB725 (Wayne) Change requirements of for cigars, cheroots, or stogies Room 1525 - 12:00 p.m. the Prompt Payment Act LB1030 (Friesen) Change the sales AM1529 to LB548 LB948 (Murante) Change and eliminate tax sourcing rules for certain motor AM1758 to LB548 provisions relating to rules and regulations vehicles and trailers LB966 (Friesen) Provide a sales and Revenue Health & Human Services use tax exemption relating to dark fiber Room 1524 - 1:30 p.m. Room 1510 - 1:30 p.m. LB911 (Bolz) Adopt the School District Appointment: Roderick Todd Bartee - Transportation & Telecommunications Local Option Income Surtax Act Child Abuse Prevention Fund Board Room 2102 - 1:00 p.m. LB1007 (Kolowski) Authorize school Appointment: Paul J. Nelson - Child Appointment: James Litchfield - Board districts to levy a tax and establish a Abuse Prevention Fund Board of Public Roads Classifications and fund for facilities-related expenditures LB1060 (Wayne) Adopt the Healthy Standards LB1077 (Friesen) Eliminate levy limits Kids Act and require tests for lead- Appointment: Edward R. Wootton, Sr. for school districts based hazards in housing - Board of Public Roads Classifications LB1106 (Linehan) Change requirements LB1040 (Albrecht) Provide for and Standards for overriding property tax limits certificates of nonviable birth

PAGE 22 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 5 - 9, 2018

Tuesday, February 20 LB1010 (Hansen) Change procedures Friday, February 23 Agriculture for determining competency to stand Health & Human Services Room 1510 - 1:30 p.m. trial in counties containing a city of the Room 1510 - 1:30 p.m. LB893 (Wishart) Change seller primary class LB835 (Howard) Provide for disclosure statement requirements and independent audits and reviews provide for restrictions and duties on Thursday, February 22 under the Nebraska Behavioral Health pet shop owners under the Dog and Health & Human Services Services Act Cat Purchase Protection Act Room 1510 - 1:30 p.m. LB1057 (Kuehn) Change provisions LB862 (Howard) Adopt the Prescription relating to prescription drug monitoring Business & Labor Drug Cost Transparency Act LB968 (Wayne) Adopt the Disability Room 2102 - 12:30 p.m. LB686 (Blood) Adopt the Psychology Employment and Engagement Program Appointment: Johnie Jason Girmus - Interjurisdictional Compact Act Boiler Safety Code Advisory Board LB891 (Pansing Brooks) Prohibit Appointment: Patricia L. Vannoy - discrimination in the provision of Judiciary Commission of Industrial Relations services as prescribed under the Room 1113 - 1:30 p.m. Appointment: Joel Carlson - Psychology Practice Act LB693 (Blood) Regulate and create Commission of Industrial Relations criminal offenses regarding the use of Judiciary unmanned aircraft systems Wednesday, February 21 Room 1113 - 1:30 p.m. LB892 (Howard) Prohibit restraining Executive Board LB927 (Howard) Change provisions animals in the event of certain natural Room 2102 - 12:00 p.m. relating to juveniles’ out-of-home or manmade disasters or severe LR295CA (Vargas) Constitutional placement, care, and custody weather events as prescribed amendment to change the annual LB981 (Baker) Change provisions LB897 (Howard) Change medical legislative salary to fifty percent of the relating to arraignment of juveniles and providers’ duties under offense of median household income authorize juvenile court jurisdiction to failure to report injury or violence LR296 (Walz) Provide the Executive age twenty-one with consent of the LB977 (Wayne) Make post-release juvenile and legal counsel supervision optional for Class IV felo- Board of the Legislative Council appoint g a special committee known as the State- LB1051 (Pansing Brooks) Change nies Licensed Care Facilities Investigative provisions relating to family member Committee of the Legislature visitation LB1086 (Wayne) Provide for Health & Human Services intervention in certain proceedings Room 1510 - 1:30 p.m. involving juveniles as prescribed Appointment: Becky D. Rieken - LB1112 (Vargas) Change provisions Commission for the Blind and Visually relating to placement and detention of Impaired juveniles and permit an additional use Appointment: Diane Schutt - of funds under the Community-based Commission for the Deaf and Hard of Juvenile Services Aid Program Hearing LB1127 (Kolterman) Provide additional fees for certain credentials under the Uniform Credentialing Act and create the Patient Safety Cash Fund LR281CA (Morfeld) Constitutional Providing testimony on a bill amendment to state that affordable ublic hearings on bills typically exhibit, the letter must be delivered to health care is a right and to expand are held in the afternoons dur- the office of the committee chair (or eligibility under the medical assistance ing the first half of the legisla- emailed to the committee chair) of the program P tive session. Committees have regu- committee conducting the hearing on Judiciary larly scheduled rooms and meeting the bill by 5:00 p.m. on the last work Room 1113 - 1:30 p.m. days, although they sometimes meet day prior to the public hearing. LB763 (Harr) Prohibit obstruction of a in different rooms at varying times Additionally, the letter must in- public power district employee in order to accommodate testifiers or clude your name and address, state LB797 (McDonnell) Change penalties large audiences. a position of for, against, or neutral for second and third degree arson LB811 (Lindstrom) Change prohibited If you are not testifying in person on the bill in question and include a uses of scanning devices and encoding on a bill and would like to submit a request for the letter to be included machines written position letter to be included as part of the public hearing record. LB872 (Harr) Change provisions relating in the official hearing record as an to appeals by prosecutors

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