UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 41, Issue 12 / March 20 - 23, 2018 No Title X compromise; state budget adjustments stall awmakers failed to reach a com- promise during second-round L debate on the state’s mainline budget bill, resulting in two failed cloture votes this week. LB944, introduced by Speaker Jim Scheer at the request of the governor, contains recommendations for state operations and state aid to schools and agencies. Lawmakers engaged in extended debate during the first round of discussion on a provision in the bill regarding Title X funding disburse- ment to health clinics that also provide abortion services. Supporters said the provision is needed in light of ques- tions raised by state audits to ensure Sens. Matt Williams, and listen to their colleagues debate removal of the Title X provisions from the budget. that Title X funds are not “comingled” with funds used to provide abortion transmitted diseases, cancer screenings debate March 21 in an attempt to find services. and family planning services. Federal compromise on the language. receives funds from the grant funds dispersed by the state The amendment would prohibit federal Title X program that are used through the program cannot be used funds from being disbursed to an to subsidize reproductive and preven- to perform abortions. organization that uses abortion as a tive health services, including the Lincoln Sen. of- method of family planning or to an diagnosis and treatment of sexually fered an amendment during select file organization that provides directive (continued page 3) Gun prohibition for certain juveniles advances ertain adjudicated youth would be temporar- Wayne referenced a pending case involving a 17-year-old ily barred from possessing firearms under a bill who shot a sheriff’s deputy. The alleged shooter is now 18, Cadvanced from general file by the Legislature he said, and under current law could legally own an assault March 22. rifle when he turns 19. Under LB990, introduced by Omaha Sen. Justin The bill is about making sure that violent juvenile of- Wayne, a person younger than 25 would fenders do not have access to weapons and ensuring the be prohibited from possessing a firearm safety of our communities, Wayne said. if they have been adjudicated in juvenile “I’ve taken a balanced approach to make sure my col- court of a misdemeanor domestic vio- leagues who are criminal defense attorneys have the tools lence charge or any felony, are a fugitive to make sure that one mistake made by their client doesn’t from justice, or are the subject of a cur- continue to haunt them,” he said, “but those kids who do rent domestic violence, harassment or continue to be around firearms, this will limit their options.” sexual assault protection order. Sen. Justin Wayne A person who violates the bill’s provisions would be (continued page 2)

INSIDE: Education bill advanced with reading intervention programs • Increased highway speeds advanced March 20 - 23, 2018 Gun prohibition for certain juveniles advances (continued from front page) guilty of a Class IIIA felony for a first posed penalty for a first offense from a possession until you’re 25, then that’s offense, which carries a penalty of Class IIIA felony to a Class IV felony, one of the consequences of something up to three years imprisonment and which carries a penalty of up to two that you did.” 18 months post-release supervision, years imprisonment with one year of Opposing the measure was Omaha a $10,000 fine or both. Second and post-release supervision, a $10,000 Sen. . The prolifera- subsequent offenses would be a Class fine or both. tion of guns in the black community III felony, eligible for up to four years Additionally, the penalty for po- is the real problem, he said, but the imprisonment and two years post- tential subsequent offenses also was bill addresses only the symptoms of release supervision, a $25,000 fine reduced from a Class III felony to a that problem. or both. Class IIIA felony. Further, he said, the new penalties The prohibition would not apply to When a petition initially is filed in proposed by the bill would be applied the possession of firearms by members juvenile court charging a juvenile with disproportionately to black juveniles. of the U.S. Armed Forces, National a misdemeanor domestic violence “As long as the guns come into Guard, Reserve Officers Training or felony charge, the court would be my community, the guns will be used Corps, or law enforcement officers required to inform the juvenile of the against us,” he said. “I’m against this while on duty or during training. specific legal impact on the juvenile’s bill because it distracts attention from A person subject to the bill’s provi- rights to possess a firearm. where it should be placed.” sions could file for an exemption. The Henderson Sen. Lincoln Sen. court would consider the person’s spoke in support of the bill. He said expressed concern that a juvenile’s behavior following adjudication, the that while semiautomatic weapons criminal record could be used against likelihood of recidivism and any other have been around for nearly 100 years, them as adults. relevant information. school shootings did not exist until 20 “I’ve really struggled with the fact Under a Judiciary Committee years ago. that if some kid does something wrong amendment, adopted 39-0, the bill’s Something in society has changed as a juvenile, goes through the process prohibition on firearm possession with regard to kids and guns, Friesen and completes probation, that they would not apply to a juvenile who is a said, and LB990 is a good first step in could be riding in a car with a gun in fugitive from justice or the subject of a addressing that problem. the glove box and be guilty of a felony,” current domestic violence, harassment “There are always consequences for she said. or sexual assault protection order. your actions,” he said. “If it’s withhold- Senators advanced the bill to select The amendment reduced the pro- ing the ability to have a firearm in your file on a 30-1 vote. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2018 No Title X compromise; state budget adjustments stall (continued from front page) counseling in favor of abortion. It also would require that entities receiving Title X funding submit a detailed monthly record of expenditures to the state Department of Health and Human Services. Wishart said the amendment would provide a “pretty clear firewall” for financial separation of Title X funds from abortion services and would create greater accountability. “I think that this amendment addresses any concerns that our con- stituents have with making sure that financially we are responsible with Title X dollars and that we are not putting any Title X dollars in jeopardy Sen. Patty Pansing Brooks (center) said attempts to change specific state programs should not be done within the budget process. with any future audits,” Wishart said. But Sen. of Lincoln tion of our duties and our oaths of the budget and move on to other said a provision in the amendment re- office.” legislation. quiring “referral upon request” would Omaha Sen. Bob Krist said he violate federal law that prohibits dis- would vote against cloture because Other provisions tribution of Title X funds to an entity efforts to compromise had not been that discriminates against those who reasonable and that the supporters Select file debate March 21 on refuse to refer clients to an abortion might need to be forced to negotiate LB944 also focused on an amendment provider upon their request. a genuine compromise. offered by Bayard Sen. , “What this amendment would do “We don’t have to pass this budget which would have lowered the general would be in direct contradiction with bill; we’ve got a budget in place,” Krist fund appropriation to the University the regulation and statutes that apply said, while acknowledging that “an of Nebraska by $17.4 million. The for the federal government and would awful lot of people” might be hurt by amendment would have resulted in put our funding at risk,” he said. not doing so. a cut of 4 percent to the university’s After four hours of debate on the The cloture motion failed on a funding in fiscal year 2018-19, rather bills that comprised the Appropria- vote of 30-8, three votes short of the than the 1 percent in the committee’s tions Committee’s budget package, number required. proposal. Gering Sen. John Stinner, chairperson Lawmakers debated the bill for Erdman said university administra- of the committee, offered a motion to another two hours March 23 and tive costs have increased 40 percent invoke cloture, or cease debate and considered an amendment offered by in the last seven years while enroll- vote on the bill. Lincoln Sen. Patty Pansing Brooks to ment has gone up slightly more than Sen. of Gretna urged remove the Title X language entirely. 6 percent. Yet instead of becoming senators to support the cloture mo- A second cloture motion offered by more efficient overall, the university tion, saying the “super majority” of Stinner also failed to reach 33 votes, has threatened to cut areas that serve taxpayers don’t believe that tax dollars failing on a vote of 31-7. The Wishart rural areas like the extension service, should be given to abortion providers. and Pansing Brooks amendments are he said. Moreover, he said, not passing a state pending as are several others. Speaker “They threaten all these things budget based on opposition to the Scheer urged lawmakers to negotiate because they want to continue to Title X provision would be “a derelic- over the weekend in order to advance spend as they always have,” Erdman (continued page 4)

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 20 - 23, 2018 said. “It’s time for us to have a discus- sion and make a decision on how the university is funded and what is appropriate in that funding.” Heartwell Sen. said that reducing funding to the university system would not have a significant negative impact on higher education or workforce development in the state. The majority of Nebraska’s higher education students attend state or community colleges or private univer- sities, he said, yet the state subsidizes their education at half the rate of those in the University of Nebraska system. “We’ve already made a policy decision to treat different students Sen. Steve Erdman said the University of Nebraska could make better use of funding sources in Nebraska very differently,” Kuehn other than state dollars. said. “How is that fair? How is that want to get into the weeds and try to is rewarded and entrepreneurial op- showing a commitment to accessibility micromanage what they are doing, we portunities exist, he said. and affordability?” would not be successful in that.” “Cuts like this, year after year, to Gothenburg Sen. Matt Williams Sen. of Lincoln also the university often times inhibits opposed the amendment, saying uni- spoke in opposition, saying the num- their ability to achieve those dreams versity administrators have been good ber one concern of the state Chamber and also their inclination to stay in stewards of the tax dollars invested in of Commerce isn’t taxes or regulation the state,” Morfeld said. their mission. but keeping young people in the state The Erdman amendment failed on “Leadership and excellence and in order to maintain a highly talented a vote of 10-32. vision only work when you let it workforce. For their part, college stu- Three other budget bills were ad- work,” he said. “If we as a Legislature dents want to live where hard work vanced to final reading March 21 by voice vote: • LB945, also introduced by Scheer at the request of the governor, which would trans- fer funds and change transfer provisions; • LB946, introduced by Scheer, which would change provisions relating to the state’s Cash Re- serve Fund; and • LB950, introduced by Business and Labor Committee chair- person Sen. of Thurston, which would provide for payment of claims against the state. g

Sen. Matt Williams said lawmakers should support the university administration’s leadership.

PAGE 4 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2018

response to citizens’ concerns about posed the amendment. She said locally high property taxes. elected school boards are in the best “One way this body can assist position to make decisions on whether taxpayers is to assure, when possible, new school buildings are needed. they are directly included in major “I think this bill would severely School building fund levy spending decisions when tax increases limit a school district’s ability to ad- restriction stalls are necessary,” he said. dress critical needs, including building A bill that would limit a special The amendment would authorize safety and growth,” Walz said. school building fund levy stalled on school boards to continue an annual Groene filed a motion to invoke general file March 22 after a failed tax established prior to the effective cloture, or cease debate and vote on cloture motion. date of the act through school fiscal the bill. The motion failed on a vote of Under current law, school boards year 2024-25 for any project com- 18-12. Thirty-three votes were needed. may levy up to 14 cents per $100 menced prior to the effective date of LB778 is unlikely to be scheduled of property valuation to establish a the act. It would require boards that for further debate this session. special fund for acquiring sites for levied an annual tax for school fiscal school buildings, purchasing existing year 2017-18 to file a report with the Education cleanup bill advanced buildings for use as school buildings auditor of public accounts that in- with reading intervention and the erection, alteration, equipping cludes the levy rate and the project’s programs and furnishing of school buildings. expected completion date. As introduced by North Platte Bayard Sen. Steve Erdman sup- Senators advanced a bill March Sen. Mike Groene, ported the amendment, saying that it 21 that would make several technical LB778 would re- would increase local control by giving changes to state education law. It was strict the use of the Nebraskans a greater say whether or amended to include provisions of a fund to repairs and not school districts spend their prop- bill intended to ensure that Nebraska alterations that do erty tax dollars on new buildings. students are able to read at or above not add space to “I don’t know how much more grade level by third grade. a school building local you can get when you let the LB1081, introduced by the Educa- and to equip or Sen. Mike Groene taxpayer who is paying the bill to tion Committee, is an annual cleanup furnish school buildings. vote,” he said. bill that includes technical changes A pending Education Committee Sen. Laura Ebke of Crete opposed requested by the state Department of amendment would replace the bill. It the amendment, saying that the spe- Education. would limit the levy to five cents and cial building fund levy gives school The bill would require the Learning add to the list of authorized purposes boards flexibility in responding to Community coordinating council to major replacement repairs on existing their districts’ needs. Ebke said she file an annual financial report with the structures. could count on one hand the num- department and would authorize the Under the amendment, when- ber of times citizens attended a bond commissioner of education to direct ever the special building fund levy is hearing or budget hearing during her that learning community funds be deemed insufficient for the authorized 12 years on the Crete Public Schools withheld if the report is not filed. It purposes, a school board or board of board, and she questioned whether also would require the coordinating education could propose a special an- the general public wants to be engaged council to complete an audit of its nual tax to the district’s voters at the in every school board decision. books, accounts, records and affairs next general election or at a special “They know that they don’t want at least once every three years. election held for that purpose. The more taxes, but they don’t necessarily The department no longer would tax, when combined with the 5-cent know what the needs of the commu- be required to file several reports with special building fund levy, could not nity are,” she said. “If you don’t believe the coordinating council, including a exceed 14 cents and would be limited that your local school boards are being census count of 5- to 18-year-olds, an to a term of 10 years. A majority of the responsible with your tax dollars, talk end-of-the-school-year annual statisti- district’s voters could approve the tax. to them.” cal summary, an annual financial Groene said the proposal is in Fremont Sen. also op- report and a fall membership report.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 20 - 23, 2018

The bill also would eliminate the students identified as having a reading sion of a licensee at a ratio of no more requirement that school districts deficiency. than three apprentices to one licensee. submit poverty and limited English The amendment would require The amendment would allow a li- proficiency plans to the department each school district to administer an censee to employ or supervise appren- and the coordinating council. approved reading assessment three tice electricians at a ratio of no more Groene said the plans were meant times during the school year to all stu- than 5 to 1 when the apprentices are to determine how school districts were dents in kindergarten through third installing conduit runs or pulling wire addressing the needs of students in grade. Students who score below a set when constructing a farm installation. poverty and those with limited English threshold would be identified as hav- Lowe said the exception had been proficiency. According to the depart- ing a reading deficiency, and school requested by Schuyler-based QC Sup- ment, Groene said, since 2006 reviews districts would be required to provide ply—the general contractor overseeing have shown that school districts are us- those students with a supplemental construction of hundreds of barns ing best practices for these students and reading intervention program. that will house chickens destined for that the plans no longer serve a purpose Lawmakers voted 37-0 to advance Costco’s new processing plant near that is not demonstrated by federal the bill to select file. Fremont. LB921 would assist QC Sup- plans and school improvement plans ply and boost economic development that are required for accreditation. in rural areas by encouraging other “This is duplication of efforts at companies planning similar projects a time when we have been reducing to locate in Nebraska, he said. the budget of NDE,” he said. “It just “LB921 is a bill that can bring makes sense to reduce the fiscal cost Nebraska jobs, encourage outside Exemption debated for farm based solely on the duplication of investment and allow our farmers a building electrical work reporting requirements.” steady secondary income for years,” The state Board of Education cur- Lawmakers debated a bill March 20 Lowe said. rently may designate no more than that would create an exception in state The amendment also would pro- three schools as priority schools. electrical licensing law for workers hibit the state from requiring a license LB1081 would eliminate that cap engaged in the construction of farm for any person engaged in general and would reduce from five to three buildings. labor, including digging trenches, un- the number of years that a school can As introduced by Kearney Sen. loading, hauling or moving electrical be designated a priority school before John Lowe, LB921 wiring or wiring components. the board reevaluates the school’s would exempt any- The bill defines a farm installation progress plan. one employed in as any installation that is not open to Finally, the bill would require the construction the general public or used for educa- school boards to collaborate with of a farm building tion and research and is used primar- the county attorney for the county in and doing work ily for a farm purpose such as the which they are located to review the for which a license production or storage of crops, dairy rules and standards for student con- otherwise would Sen. John Lowe or livestock. duct that would require the school to be required if they are unloading, Sen. of O’Neill sup- contact law enforcement if a student hauling or moving electrical wiring ported the amendment. He said the displays such conduct. or components or if they are under exception to the supervision require- Elkhorn Sen. the direct supervision of a licensed ment would not compromise safety filed an amend- contractor or electrician. because it would apply only to workers ment, adopted 33- A pending General Affairs Com- who are pulling wires or installing con- 0, that included mittee amendment would replace the duit, not those working with live wires. provisions from bill and instead create an exception “What this is truly is economic her LB651, which in current supervision requirements. development, making us competitive is intended to An apprentice electrician currently is compared to other states and setting provide intensive prohibited from installing electrical Nebraska up to get projects such as Sen. Lou Ann Linehan interventions for wiring unless under the direct supervi- this in the future,” Larson said.

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2018

Sen. of Seward “If you’re voting for this because create a registry system for equine also supported the amendment, say- you think you’re removing hurdles massage therapists. ing that it would remove a barrier to so people can work, that is not true,” Groene said the bill would remove economic development in the state’s she said. unnecessary barriers for people who rural communities, which face a labor Omaha Sen. Bob Krist agreed that want to start businesses caring for shortage. the amendment would compromise horses through massage. He said that “We need to update our statutes public safety and said that it would the current licensure requirements as new construction methods and carve out an exception meant to are so restrictive that there are no technology enable safe supervision benefit a single company. He filed licensed equine massage practitioners of construction projects compared to a motion to bracket the bill, which in Nebraska. decades ago,” he said. “Nebraska law effectively would end debate on the The registry would be a simple, should reflect advances in construc- proposal this session. The motion nonrestrictive process to allow indi- tion techniques and also the reality of failed on a 15-23 vote. viduals to engage in economic activity labor markets across the entire state, After three hours of debate, the and better their lives without excessive not only in the metro areas.” Legislature moved to another item on government interference, he said. Omaha Sen. Mike McDonnell the agenda. Per a practice implement- “There are ladies—at least three in opposed the amendment and read a ed last year by Speaker Jim Scheer, my area—that want to pursue this oc- letter he received from the state elec- the sponsor of a bill that is facing a cupation,” Groene said. “You only get trical board, which indicated that the potential filibuster must demonstrate so many days on this earth and they bill creates “serious safety concerns.” sufficient support for a cloture motion don’t need to wait any longer.” McDonnell said he and the bill’s op- before the measure will be scheduled As amended, LB596 defines equine ponents are not opposed to Costco for additional debate. massage practice as the application of and other businesses coming to Ne- hands-on massage techniques for the braska to make money. purpose of increasing circulation, “But they should do it in a safe relaxing muscle spasms, relieving manner, and they should do it by our tension, enhancing muscle tone and rules, not theirs,” he said. “And they increasing range of motion in equines. should be talking to the electrical The bill would require equine mas- board, not us.” Equine massage registry sage practitioners to register with the Sen. of Grand Island program advanced state Department of Health and Hu- agreed, saying that the state’s electrical man Services by submitting evidence codes were created to protect workers, Lawmakers gave first-round approv- of a degree or certificate in equine structures and the people or livestock al March 20 to a bill that would create massage from a department-approved inside the structures. If wiring is not a registry program for individuals who school or an accreditation recognized pulled properly, he said, it can be engage in the therapeutic massage of by the U.S. Department of Education. stripped, which can cause arc flashes horses in Nebraska. Until Jan. 1, 2022, an individual or fires once the wiring is energized. LB596, introduced by North Platte could obtain registry placement by “I would disagree that this is just a Sen. Mike Groene, submitting two letters of recommen- job that anybody can do at any time,” originally would dation from licensed veterinarians at- Quick said. “This is a job that requires have exempted in- testing to the applicant’s competence training.” dividuals who prac- to engage in equine massage practice Bellevue Sen. also tice equine mas- and paying the applicable fee. opposed the amendment, saying that sage in Nebraska A registry listing would be valid it would not encourage economic from regulation by for five years and could be renewed. development. Costco already chose to the state. Groene Sen. Mike Groene Any person convicted of violating the build its processing plant in Nebraska, offered an amendment to the Health Livestock Animal Welfare Act could she said, and QC Supply has said it and Human Services Committee be denied registration or renewal and plans to hire out-of-state workers to amendment, adopted 32-0, that could be removed from the registry. save on labor costs. replaced the bill and instead would Groene said the registry require-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 20 - 23, 2018 ment satisfied concerns expressed Lincoln Sen. those with firsthand knowledge by the Nebraska Veterinary Medical Patty Pansing of the person’s involvement in Association, but several senators said Brooks, a victim the commercial sex trade; the amendment still would constitute of sex traffick- • financial records showing profits excessive regulation. ing could file a from the commercial sex trade; Heartwell Sen. John Kuehn, who motion to set • internet listings, print advertise- also is a veterinarian, characterized the aside a criminal ments or business cards used to registry as “good old-fashioned protec- conviction or Sen. Patty Pansing Brooks promote the person for com- tionism.” Massage does not impact the adjudication of prostitution or a crimi- mercial sex; or health, safety or well-being of horses, nal offense that is otherwise incidental • emails, texts or voicemail re- he said, and therefore should not re- to sex trafficking. cords between the person and quire the level of certification outlined Pansing Brooks said that between the trafficker or solicitors of sex. in the bill, especially at a time when 600 and 700 individuals sold online If a set aside is granted, it would the state is seeking ways to reduce for sex in Nebraska each month show nullify the conviction and remove all occupational licensure requirements. signs of being sex trafficked. The bill civil disabilities and disqualifications “Let’s not create red tape for the would give victims privacy, security imposed as a result of the conviction. sake of creating more red tape,” Kuehn and hope for their future, she said. Upon receiving a set aside, the victim said. “These criminal records follow the could file to have his or her criminal Sen. of Bellevue sup- victims long after they are free from record sealed. ported the amendment. The registry trafficking,” she said. “It is time to Sen. Paul Schumacher of Colum- was agreed upon by stakeholders, she turn to trafficking victims and provide bus expressed concern that the lan- said, and would replace the current them the support they need to move guage would severely limit the ability more restrictive licensure requirement on with their lives.” of judges to use their discretion. It while providing people who are seek- The person filing for a set aside of a would be easy for people to take ad- ing massage services for their horses conviction would be required to submit vantage of the law, he said, get away with the assurance that they are deal- evidence proving that he or she was with very serious crimes. ing with a reputable practitioner. a victim of sex trafficking at the time “Unless I’m reading this wrong, I “[This] is a sincere effort to try and the crime was committed. Evidence don’t see any wiggle room here that pull down the restrictions, yet provide considered by the court could include gives a judge any authority to say, ‘You’re an opportunity for people to be identi- a copy of an official record, certification going away for a long time,’” he said. fied as someone who provides these or eligibility letter from a federal, state, Although he said he was supportive services,” Crawford said. tribal or local proceeding indicating that of the bill’s intent, Omaha Sen. Ernie Following adoption of the Groene the person was a victim of trafficking. Chambers agreed that the bill’s lan- amendment, the bill advanced to The court also could consider an guage would need to change. select file on a 38-0 vote. affidavit or sworn testimony from “It cannot be a blanket free pass an attorney, member of the clergy, a to somebody who would commit any medical professional, staff member of kind of crime,” he said. “When the a victim services organization or other word related to what a judge is sup- professional from whom the victim posed to do is ‘shall,’ no matter how sought assistance in addressing trauma the judge feels, he must do what the Proposal advanced to set related to trafficking. statute says.” aside convictions for sex A judge could consider additional Omaha Sen. trafficking victims evidence in determining the credibility of the person as a victim of trafficking, introduced an Victims of sex trafficking could such as: amendment, ad- have their convictions set aside and • branding or other tattoos on opted 30-0, that their court records sealed under a bill the person that identify him or would incorporate advanced by lawmakers March 21. her as having a trafficker; provisions of his Sen. Brett Lindstrom Under LB1132, introduced by • testimony or affidavits from LB855 into the bill. As amended, it

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2018 would allow a person who has received Papillion Sen. Jim certified scholarship-granting organi- a pardon to file to have his or her Smith last session, zations. They would be required to criminal record sealed. individuals, pass- allocate at least 90 percent of their Provisions of Omaha Sen. Sara through entities, revenue for education scholarships Howard’s LB897 estates, trusts and and no more than 10 percent for also were included corporations could administrative costs. in the amendment. receive a nonre- Individuals could receive cred- These would re- fundable income Sen. Jim Smith its equal to their contributions to move a mandatory tax credit equal to the contributions scholarship-granting organizations up reporting require- they make to scholarship-granting or- to $10,000 per year for those married ment that current- ganizations. The scholarships could be filing jointly and $5,000 if filing as an ly forces medical Sen. used to pay for tuition and fees for at- individual. professionals to contact law enforce- tending a nongovernmental, privately A partnership, limited liability ment when a patient is suspected to operated elementary or secondary company, subchapter S corporation, be a victim of sexual assault. school in Nebraska. estate or trust could receive up to As amended, the medical profes- Smith said the credits would give $50,000 per year in credits for its sional must secure written consent more middle- and low-income fami- contributions. from the patient before contacting lies the ability to send their children A corporation would be eligible for law enforcement. Howard said not all to private school if they decide that a up to $150,000 in credits per year. The victims of sexual assault are prepared or public school is not a good fit. The bill total amount of credits allowed for willing to engage with law enforcement. would not divert money away from the corporations would be capped at 70 “Allowing survivors of sexual as- state’s public schools, he said. percent of the annual limit. sault to make their own choices “LB295 enables more parents to Smith said he would introduce an following an assault … is a critical do what they think is best for their amendment to the committee amend- component of the healing process,” children,” Smith said, “not just those ment that would cap the credit at 75 she said. “By ignoring adult victims’ who are fortunate to have the money percent of the total contributions choices, mandatory reporting require- to do so.” made during the tax year, instead ments can mean individuals don’t get A pending Revenue Committee of the originally proposed dollar-for- a rape kit done or receive health care.” amendment would cap the total dollar credit. Following the adoption of a techni- amount of credits available in 2019 at Sen. Lou Ann Linehan of Elkhorn cal Judiciary Committee amendment, $2 million instead of the original bill’s supported the bill, saying that it would senators advanced the bill to select file $10 million. The amendment would give low-income parents the opportu- on a 27-0 vote. allow an annual 20 percent increase in nity to send their children to a school subsequent years if most of the credits that best fits their needs. Linehan said are claimed, but it would limit the the scholarships could be used only at amount of credits available per year private schools accredited by the state to $10 million. and that private school students take Only students who are Nebraska nationally recognized standardized residents and whose household in- tests in elementary, junior high and Tax credit debated for private come does not exceed twice the eli- high school. school scholarship donations gible income for the federal reduced- She also cited research showing price lunch program could qualify for that similar tax credits in 18 other Lawmakers debated a bill March the scholarships. They also must be states have saved those states money 23 that would create an income tax receiving an education scholarship for by reducing the number of children credit for those who donate money the first time and transferring from a attending public schools. to nonprofits that grant scholarships public school or entering kindergarten “Public schools are critically, criti- to students to attend a private elemen- or the ninth grade. cally important,” Linehan said, “but tary or secondary school. Nonprofits could apply to the state they don’t work for every kid, and we Under LB295, introduced by Department of Revenue to become all know that.”

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 20 - 23, 2018

Sen. Burke Harr of Omaha op- programs in the country.” impacts on the plan,” he said. posed the bill, saying that the scholar- Harr filed a motion to indefinitely LB1005 would authorize the Public ships could be used only at private postpone the bill, which would end Employees Retirement Board (PERB) schools that do “not discriminate on consideration on it for the session. and the Nebraska Public Employees the basis of race, color or national ori- The motion failed on a 9-19 vote. Retirement System (NPERS) to act if gin.” That would allow those schools The Legislature adjourned for the an employer in the county or school to discriminate against students based day before voting on the committee plan makes a business decision to on their sexual orientation, discipline amendment or the bill. Per a practice withdraw from the plan in whole or record and physical or learning dis- implemented last year by Speaker in part. The PERB and NPERS would abilities, he said. Jim Scheer, the sponsor of a bill that be granted authority that: “If you are not of a legal status, they is facing a potential filibuster must • allows the PERB to determine can reject you,” Harr said. “If you are demonstrate sufficient support for a employer and employee eligibil- not of the proper religion, they can cloture motion before the measure will ity to participate in the retire- reject you—nothing in the bill prevents be scheduled for additional debate. ment systems; that.” • allows employers to request an Lincoln Sen. Adam Morfeld also OPS, omnibus retirement bill actuarial study that calculates opposed the bill. He said he supports advanced what the employer needs to pay both public and private schools, but to fund the retirement benefits he does not believe that public funds A bill that makes numerous chang- for plan members affected by should be used to pay for tuition at es to the state’s retirement plans ad- the employer’s business trans- private schools. He said the income vanced to select file March 20. actions; eligibility requirements in the bill LB1005, introduced by Seward • provides direction on how the would not target the credits to low- Sen. Mark Kolterman, would address actuarial study calculates the and middle-income families and that the withdrawal of employer’s liability to fund the private schools are not subject to the a county or school retirement benefits for affected same state testing and accountability entity from the plan members; and measures as public schools. state’s retirement • outlines how the employer “We can’t even fund our state-fund- plans. Kolterman would pay for the actuarial ed schools and our public education said the bill would study and the amount necessary system the way it is,” he said. “And yet ensure that the to fund the retirement benefits we’re creating a whole new system for county or school Sen. Mark Kolterman for affected plan members. a whole group of schools that quite retirement systems are not financially Under the bill, affected employees frankly don’t need it.” liable for any of the costs of an entity’s who are terminated from the retire- Sen. Kate Bolz of Lincoln said the business transactions that result in ment plan would be considered fully bill’s potential $10 million impact withdrawal from the systems. vested and considered inactive within to the state budget concerns her, es- Kolterman said the bill was trig- 90 days of the entity’s withdrawal or pecially when state’s school funding gered by Saunders Medical Center’s determination of ineligibility. On or formula has been fully funded in only interest in the possibility of discon- after Jan. 1, 2019, no county hospital 3 of the last 16 years. She also ques- tinuing participation in the county facility established could elect or tioned whether the bill would save the retirement plan and by the trend of discontinue participation in the retire- state money. school districts privatizing parts of ment system. “The legislative fiscal note says that their organizations—such as bus driv- A Nebraska Retirement Systems students leaving public schools would ers and food and janitorial service— Committee amendment, adopted 35- be too widely dispersed to produce which results in the termination of the 0, added provisions of an amendment cost savings,” she said. “It’s my under- employees in the school employees’ to LB548, which was introduced last standing that that finding is consistent retirement plan. session by Omaha Sen. Brett Lind- with decades of results from other “The actuary has advised that these strom. Originally the bill would have states, including Wisconsin, which has withdrawals and terminations of mem- consolidated the Class V (Omaha) one of the longest-running voucher bership would likely result in funding School Employees Retirement System

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2018

(OSERS) with the School Employees Following adoption of the commit- replica vehicles would be the same as Retirement Plan. tee amendment, lawmakers voted 38-1 automobiles with a new value of less Kolterman filed an amendment to advance the bill to select file. than $20,000, which currently is $5. this session to replace LB548 and A Transportation and Telecommu- change definitions in the Class V nications Committee amendment, ad- School Employees Retirement Act opted 31-0, incorporated into the bill to reflect new actuarial assumptions provisions of LB1092, introduced by regarding mortality tables and inter- Papillion Sen. Jim Smith. As amended, est rates. these would create The amendment also inserts a new Transportation omnibus bill a separate defini- definition of solvency as the actuarially advanced tion of autocycle required contribution (ARC) amount for vehicles that as annotated in each annual valuation A bill that would make numerous are not completely report. It requires the school district changes to existing motor vehicle enclosed. The op- to deposit the annual ARC into the titling and registration laws was ad- erator of such a retirement fund by Aug. 31. vanced from general file March 22. vehicle would be Sen. Jim Smith “The majority of the provisions in LB909, introduced by Brainard required to wear a helmet. the committee amendment are related Sen. , would require Further, the amendment would to ensuring the plans administered by that certificates of clarify that an operator of such an the state and the plan administered title for assembled autocycle would not be required to by OSERS remain sustainable, that and kit vehicles hold a motorcycle operator license. funding payments reflect the amount include the year, Smith said a potential buyer of an determined by the actuary and that the make and model autocycle currently is required to have employer who chooses to withdraw—in the vehicle resem- a motorcycle license just to drive one. whole or in part—will bear any funding bles. The title also “This is good for consumers and it Sen. Bruce Bostelman obligations so other plan members, would indicate maintains the safety necessary inside employers or the state do not become that the vehicle is reconstructed. our statutes,” he said. liable for any funding requirements,” Bostelman said the changes pro- The committee amendment also Kolterman said. posed by the bill would help put incorporated provisions of five ad- The committee amendment also Nebraska in line with national best ditional bills, including: added to LB1005 provisions of three practice recommendations. • LB740, in- bills introduced by Kolterman: “This will help make our titling law troduced by • LB698, which would make as convenient, precise and accurate as Omaha Sen. permissive the promulgation of possible both for individual applicants Brett Lind- rules and regulations by plans and the [state Department of Motor strom, which administered by PERB; Vehicles,]” he said. would allow • LB699, which would harmonize A vehicle owner could apply for a the Metropol- language in the state plans that title by presenting a certificate of title itan Utilities Sen. Brett Lindstrom inadvertently was left out of a for one major component part, a no- District to register vehicles in the bill passed last session; and tarized bill of sale for all other major same manner as public power • LB700, which would remove component parts that have been re- districts beginning Jan. 1, 2023; the obligation of the state in- placed, a statement that an inspection • LB895, intro- vestment officer and the Ne- has been conducted on the vehicle and duced by Lin- braska Investment Council to a vehicle identification number. coln Sen. Su- invest the funds in the Univer- The certificate would include zanne Geist, sity Trust Fund. The fund is the year application for the title was which would overseen and managed by the made and the make of the vehicle make a series University of Nebraska and as assembled. The base registration of technical does not contain tax dollars. fee for assembled, reconstructed and updates to Sen.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 March 20 - 23, 2018

current DMV statutes; highway system and any part of the North Platte Sen. Mike Groene • LB896, also introduced by state highway system other than an also spoke in support of the bill, say- Geist, which would clarify that expressway or freeway. ing it would allow commercial vehicles the operative date for certain Murante said the increased speed to travel more efficiently through the sections relating to electronic limits would align the speed of Ne- state. certificates of title would be no braska roads with the 85th percentile “It’s an economic development later than Jan. 1, 2021; speed—the speed at or below which 85 tool for western Nebraska,” he said. • LB1049, in- percent of all vehicles are observed to “Time is money and getting from troduced by travel in free-flowing traffic. Traffic of- point A to point B faster makes a Omaha Sen. ficials generally agree that speed limits difference.” Burke Harr, should reflect the driving behaviors of Opposing the bill was Thurston which would most drivers, he said. Sen. Joni Albrecht. Increased speed amend the South Dakota recently adopted a limits would be dangerous, she said, definition of higher speed limit, Murante said, which particularly in rural areas where pas- low-speed ve- Sen. Burke Harr led to a 13 percent decrease in traffic senger vehicles must frequently share hicles to include certain three- fatalities that can result from large speed the roads with large farm equipment. wheeled motor vehicles; and differentials between drivers. “If you’re on Highway 9 during • LB1136, introduced by El- “The department considers road planting or harvest season or when mwood Sen. Robert Clem- design, current operating speeds, traf- they’re moving cattle, you better be ents, which fic volume, traffic control devices and ready,” Albrecht said. “I think this is would pro- crash data in determining appropriate very dangerous and risky and in the vide a mech- speed limits,” he said. “This would areas where I live, there’s way too many anism for ensure our speed limits are set at the slow-moving vehicles.” online auto safest speeds for our citizens.” Papillion Sen. Jim Smith intro- auctions to Speeds would increase from 65 duced an amendment, adopted 34- obtain titles mph to 70 mph on expressways that 1, that removed a provision in the for vehicles Sen. Robert Clements are part of the state highway system original bill that would authorize the purchased as salvage vehicles. and freeways that are a part of the department to increase the interstate Senators voted to advance the bill state highway system but not part of speed limit from 75 mph to 80 mph if to select file on a 31-0 vote. the National System of Interstate and a traffic and engineering study would Defense Highways. support such a move. Proposal to increase highway Finally, the maximum speed limit He said increasing the interstate speeds advanced would be increased from 60 mph to 65 speed limit between Lincoln and mph on any portion of the National Omaha would save less than three Lawmakers gave first-round ap- System of Interstate and Defense minutes of driving time for the aver- proval March 21 to a bill that would Highways located in Douglas, Lan- age passenger vehicle. Additionally, authorize the state Department of caster and Dakota counties. increasing the speed limit would create Transportation to increase highway Inconsistency in speed limits on an unsafe speed differential between speed limits. substantially similar highways creates passenger and commercial vehicles, LB1009, introduced by Gretna confusion and dangerous driving Smith said, which often drive no faster Sen. John Muran- situations, said Gothenburg Sen. Matt than 65 mph on the interstate. te, would authorize Williams in support of the bill. “Our trucking industry travels on the department to “Gothenburg is one of those com- the interstate daily, investing millions increase the maxi- munities along Highway 30 where one into our economy every year,” he said. mum speed limit way out of town is 60 mph and the “When that industry stands up and from 60 mph to other way is 65 mph,” Williams said. says it’s a bad idea, we need to listen.” 65 mph on any “This gives the department the ability Following the adoption of a tech- four-lane divided Sen. John Murante to equalize the roads so that they’re nical Transportation and Telecom- highway that is not a part of the state the same.” munications Committee amendment,

PAGE 12 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2018 senators advanced the bill to select file were 46,000 short-term rentals—de- viding that on a 35-2 vote. fined as a stay of not more than 30 such thresh- consecutive days—in Nebraska, adding olds are met more than $4.3 million to the state’s based on ei- economy. ther the most “Opening Nebraska up to Airbnb recent feder- and similar services encourages tour- al decennial Sen. Urban affairs omnibus bill ism not only to urban areas but census or the debated also areas of Nebraska that remain most recent revised certified untouched,” he said. “Additionally, count by the U.S. Bureau of A bill intended to clean up lan- it provides extra income to average the Census; guage in state law related to the govern- Nebraskans.” • LB765, introduced by the Ur- ing of cities was amended on general The amendment would authorize an ban Affairs Committee, which file March 20. online hosting platform to enter into an would amend sections of law LB873, introduced by the Urban agreement with the state tax commis- governing first class cities to Affairs Committee, would make a sioner to collect and pay applicable sales clarify that they apply only to variety of clean-up changes includ- taxes imposed under Nebraska law on first class cities; ing clarifying terms and eliminating behalf of short-term renters. • LB768, introduced by Grand antiquated and unnecessary language. As introduced, the amendment Island Sen. Omaha Sen. Justin Wayne, chair- also would have limited the audit Dan Quick, person of the committee, said some authority of the tax commissioner which would state laws governing the management in regard to short-term rentals. After authorize of the state’s cities and villages have concerns were expressed by Columbus first- and not been updated since 1943, and Sen. Paul Schumacher, that provi- second-class some date back to the 1800s. sion was considered separately and cities and vil- “In 2014, the Urban Affairs Com- defeated on a vote of 3-25. lages to make Sen. Dan Quick mittee began a multi-year effort to An Urban Affairs Committee grants and loans under the update and modernize the statutes amendment, adopted 27-14, added Local Option Municipal Eco- governing various classes of munici- provisions of six additional bills: nomic Development Act for palities,” Wayne said. • LB735, introduced by Bellevue early childhood infrastructure An amendment offered by Omaha Sen. Carol development; Sen. Ernie Chambers to remove an Blood, which • LB854, also introduced by outdated state symbol letterhead clarifies that Quick, which would allow any requirement for state agencies was municipali- Nebraska municipality to create approved 30-0. ties have the a land bank under the Nebraska Sen. Adam Morfeld of Lincoln authority to Municipal Land Bank Act and brought an amend- enter into clarify that land banks may ment to add provi- an interlocal Sen. Carol Blood enter into agreements under sions of his LB756, agreement with a county in the Interlocal Cooperation Act adopted 25-1, which the extra-territorial zon- for the joint administration of which would pro- ing jurisdiction of the munici- multiple land banks; and hibit municipali- pality is located to provide for • LB880, introduced by Hansen, ties from adopting joint and cooperative action to which would require cities to or enforcing an or- Sen. Adam Morfeld abate, remove or prevent nui- include an early childhood ele- dinance or regulation that prohibits sances within the ETJ; ment in their comprehensive the use of a property as a short-term • LB748, introduced by Lincoln plans no later than Jan. 1, 2022, rental, unless necessary to protect Sen. Matt Hansen, which would either when adopting a new or public health and safety. clarify references to municipal updating an existing compre- Morfeld said that last year there population thresholds, pro- hensive plan.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 March 20 - 23, 2018

Debate focused on the provisions authority,” Wayne said. or designate an existing neighborhood related to expanding land bank Quick said many communities association or homeowners’ associa- authority statewide. Currently, only across the state, including Grand tion board as the NID board. If a city municipalities in Douglas and Sarpy Island, are struggling with vacant and declined to do so, the owners of 30 counties are eligible under state law to problem properties and would like percent of the assessable property in create land banks, or tax-exempt politi- additional tools to address the issue. a neighborhood could petition the cal subdivisions that acquire, manage “Right now, there is no way to deal municipality to create an NID. and develop vacant and tax-delinquent with those properties,” he said. “The A municipality could impose an properties. land bank is the way to do it.” NID special assessment, with funds Lincoln Sen. Mike Hilgers ex- After three hours of debate, the to be used only for a specific purpose. pressed concern that the Omaha-area Legislature moved to another item on Authorized purposes would include pilot program has not been in place the agenda. Per a practice implement- landscaping or physical improvements long enough to know whether it is a ed last year by Speaker Jim Scheer, for decoration or safety, including good idea for other parts of Nebraska. the sponsor of a bill that is facing a construction of pedestrian plazas, While the Omaha experience potential filibuster must demonstrate sidewalks, bus stop shelters, public may be positive, he said, lawmakers sufficient support for a cloture motion restrooms, pedestrian overpasses or should make sure proper safeguards before the measure will be scheduled lighting. are in place so that the authority of for additional debate. A special assessment would end if unelected board members to enter the it were opposed in writing by more commercial marketplace isn’t abused. New neighborhood than 50 percent of the assessable units “Before we allow a structure to be development tool bracketed in an NID. authorized throughout the state of An Urban Affairs Committee Nebraska in which we’re dealing with Lawmakers bracketed a proposal amendment would exclude metro- unelected individuals who are both March 21 that would give neighbor- politan class cities from the bill’s utilizing taxpayer dollars and getting hoods an additional avenue to pursue provisions and also would: involved in private enterprise … I improvement projects. • stipulate that the purpose of think we ought to think very carefully LB986, sponsored by Lincoln NIDs is to supplement, but not about that.” Sen. Matt Hansen, would authorize reduce, the level of government Sen. Suzanne Geist of Lincoln the development services provided; agreed and offered an amendment to of neighborhood • allow NIDs to be used to estab- strike the land bank provisions from improvement dis- lish or assist with neighborhood the bill. She said that she was hesitant tricts in Nebras- cleanup, litter cleanup, recy- to give taxing authority to another ka. The districts cling or other trash abatement government entity. would give exist- programs; “I appreciate the need for eco- ing neighborhoods • require that a majority of the nomic development; I think that is more control to Sen. Matt Hansen members of an NID board be important,” Geist said. “Bottom line, fund improvements and revitalization residents of the neighborhood; though: I see the land bank as [having] projects they deem important and that • increase the notice of a public the potential for abuse.” might not be a priority for a city as a hearing on a special assessment Wayne pointed out that land banks whole, he said. from 10 to 30 days and add do not have taxing authority currently, “By empowering neighborhoods to public notice requirements; and nor would they gain it under the com- prioritize their own needs,” Hansen • clarify that cities may amend mittee amendment. Land banks are said, “NIDs enhance local control and NID ordinances to change the formed to acquire delinquent proper- ensure resources are targeted where functions or provisions of an ties that are not paying property taxes, they are most needed.” existing NID. rehabilitate them and return them to Under the bill, a city council would Bellevue Sen. Carol Blood sup- the tax rolls, he said. draw the boundary lines of an NID, ported the bill. She said business “No taxpayer is on the hook be- and the mayor, with the council’s ap- improvement districts, on which the cause [the land banks] have no taxing proval, either would appoint a board proposed NIDs are based, have been

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2018 an effective tool for improving areas assessment on an entire neighbor- with the proposed purpose or not, of Bellevue because they allow the hood. He filed a motion to bracket the she said. sharing of resources. bill until April 18, which effectively “In a time when property taxes are “When I look at the NID,” Blood would end debate on it for this session. at the top of most people’s agendas,” said. “I see it as another tool that is Sen. Laura Ebke of Crete sup- Ebke said, “anything that is going to going to help make our municipali- ported the bracket motion, saying that add to the cost of their property—and ties better.” the special assessments levied under an assessment certainly would—I think O’Neill Sen. Tyson Larson op- the act would be liens on the property. we need to think carefully about au- posed the bill, saying that it would Those living in an NID that chooses thorizing that.” allow a small number of residents and to have a special assessment would be The bracket motion prevailed on property owners to propose a special required to pay it whether they agree 27-18 vote. g How a Bill Becomes Law

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05

Former state senators were invited to the State Capitol March 21 to be recognized by the Legislature.