THE 105TH NEBRASKA LEGISLATURE FIRST SESSION Unicameral Update Session Review 2017 Volume XL, No. 21 2017 Session Review Contents Agriculture .......................................................................................... 1 Appropriations .................................................................................... 2 Banking, Commerce and Insurance .................................................. 4 Business and Labor ........................................................................... 6 Education ............................................................................................ 8 Executive Board ............................................................................... 11 General Affairs .................................................................................. 12 Government, Military and Veterans Affairs ...................................... 13 Health and Human Services ............................................................ 16 Judiciary ........................................................................................... 20 Natural Resources ............................................................................ 24 Retirement Systems ......................................................................... 26 Revenue ............................................................................................ 27 Transportation and Telecommunications ........................................ 30 Urban Affairs ..................................................................................... 33 Bill Status .......................................................................................... 35 Senator Contact Info ........................................................................ 56 Legislative Resources ...................................................................... 57 About the Unicameral Update ......................................................... 57 Published June 2017 Unicameral Information Office Clerk of the Nebraska Legislature P.O. Box 94604 Lincoln, NE 68509 402-471-2788 NebraskaLegislature.gov UNICAMERAL UPDATE • INTERIM 2017 • 105TH LEGISLATURE • FIRST SESSION general or the county attorney in which the violation is occurring. The attorney general or county attorney then could pursue legal action. The bill passed 49-0. The committee also advanced legislation that updates the state Department of Agriculture’s authority to regulate those who provide eggs for human consumption. LB134, introduced by Sen. Lydia Brasch of Bancroft, repeals the Graded Egg Act and transfers authority for regulating egg-handling operations to the Nebraska Pure Food Act. The bill authorizes the department to establish stan- dards, grades and weight classes for eggs and requires those who sell or package eggs to comply with any applicable regulations under the Pure Food Act. Senators voted 48-0 to pass the bill. A bill that would repeal the Black-Tailed Prairie Dog Management Act also was advanced by the committee. The act, passed by the Legislature in 2012, authorizes county boards to adopt and carry out coordinated management programs to control black-tailed prairie dog colonies. Though not part of the Black-Tailed Prairie Dog Manage- ment Act, a related area of current law authorizes the director of the state Department of Agriculture to cooperate with the Animal and Plant Health Inspection Service of the U.S. Department of Agri- culture to manage and control nuisance Sen. Lydia Brasch, chairperson of the Agriculture Committee wildlife, including black-tailed prairie dogs and other commensal field rodents. he Agriculture Committee considered bills this ses- LB449, sponsored by Omaha Sen. Ernie sion clarifying the definition of hybrid seed corn, Chambers, would remove black-tailed Trepealing the Black-Tailed Prairie Dog Management prairie dogs from that authorization. Sen. Ernie Chambers Act and supporting industrial hemp research. The committee advanced the bill to general file with an Introduced by Sen. Joni Albrecht of amendment that retains only the repeal of the Black-Tailed Thurston, LB276 clarifies the defini- Prairie Dog Management Act. LB449 was not scheduled tion of hybrid seed corn and its related for debate this session. process of cross fertilization. Hybrid A bill meant to protect Nebraska apiaries from encroach- seed corn is limited to seed of the first ment by out-of-state beekeeping operations was held in generation of a cross involving two, committee. three or four different inbred lines of Under LB499, sponsored by Sen. Tom Brewer of corn or their combinations. Sen. Joni Albrecht Gordon, Nebraska apiaries could vol- Under the bill, the district court in the county where untarily register the location of their a violation occurs has jurisdiction to grant a restraining hives with the state Department of order or a temporary, permanent or mandatory injunction Agriculture. An owner or operator of against anyone who sells or represents corn seed as a hybrid an out-of-state commercial beekeeping variety that does not meet identity standards. That is in ad- operation would be barred from locat- dition to an existing criminal penalty for such a violation. ing any hives within three miles of any The bill requires the director of the state Department registered Nebraska apiary or hive. Sen. Tom Brewer of Agriculture — when he or she has reasonable belief Registered beekeepers could report a violation of the that a violation is occurring — to report it to the attorney quarantine to the department, which would investigate. g FIRST SESSION • 105TH LEGISLATURE • INTERIM 2017 • UNICAMERAL UPDATE • PAGE 1 The bill passed 42-3 on Feb. 13 and took effect im- mediately. The Appropriations Committee package approved later this session contained several bills comprising the $8.9 billion state budget for fiscal years 2017-18 and 2018-19. LB327 was the mainline budget bill. Among other provisions, the bill increased the following baseline ap- propriations over the biennium: • $62.4 million for the Tax Equity and Educational Opportunities Support Act (TEEOSA); • $35.6 million for Medicaid; • $15.4 million for staffing, programs and equipment for the state Department of Correctional Services; and • $11.4 million for the courts in relation to the Justice Reinvestment Act. Among other reductions, the bill cut $24.7 million from state agencies, $13 million from the university system and $9 million in foster care contracts with private providers of kinship placements for state wards. LB327 passed 36-12. Also included in the budget package were: • LB328, which provides salaries for Nebraska state senators, passed 44-2; • LB329, which provides salaries for state constitu- tional officers, passed 45-2; • LB330, which appropriates funds for capital con- struction and property acquisition, passed 41-6; • LB331, which creates funds and makes fund trans- Sen. John Stinner, chairperson of the Appropriations Committee fers, passed 36-12; enators began the session by passing a measure that • LB332, which makes transfers from the Cash Re- made cuts to the budget for the current fiscal year. serve Fund, passed 35-10; SThe reductions were a first step to offset a projected • LB149, which contains adjustments to the state revenue shortfall of nearly $1 billion over the biennium. budget for the current fiscal year, passed 37-9; and LB22, introduced by Speaker Jim • LB179, which provides for payment of claims against Scheer at the request of Gov. Pete Rick- the state, passed 44-1. etts, adjusted the state budget ending The governor returned the budget package with $56.5 June 30, 2017. The bill made across- million in line-item vetoes, including general funds the-board cuts to amounts previously that lawmakers had approved in the mainline budget appropriated to state agencies, with bill for Medicaid, child welfare, behavioral health and some exceptions, lowered prior year re- developmental disability providers. The governor’s veto appropriations and made other specific Sen. Jim Scheer amounted to a 3 percent cut in provider rates in those reductions and increases. four categories. Among other provisions, the bill also: The committee offered override motions on two line- • reduced by more than $4 million a proposed cut to item vetoes, including one that would have restored $32.4 the state Supreme Court budget; million in provider rate cuts. The motion failed on a vote • allowed the University of Nebraska to retain approxi- of 27-21. Thirty votes were required for adoption. mately $5.2 million in unspent funds; and The other committee motion would have restored • added $3.5 million to the state Department of Health $300,000 vetoed from probation services within the Ne- and Human Services to offset the loss of federal funds braska Supreme Court’s budget. The motion failed 23-25. for certain developmental disability providers. A number of additional motions were offered and with- PAGE 2 • UNICAMERAL UPDATE • INTERIM 2017 • 105TH LEGISLATURE • FIRST SESSION drawn, including motions to override vetoes of: • LB206, introduced by Omaha • $5.8 million for the University of Nebraska; Sen. Bob Krist, which would • $1.3 million for child welfare provider funding; appropriate $13.4 million to • $716,00 for juvenile justice transportation funding; increase provider rates for and community-based develop- • $26,800 in general funds for the state’s specialized mental disability services; court system. • LB270, introduced by Omaha Following a vote on a second motion to override the Sen. Rick