UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Issue 4 / Jan. 25 - 28, 2016 Wind energy Statewide gun bill stalls fter six hours exemption of debate A spanning proposed several days, an at- bill heard by the Natural Re- tempt to force a vote sources Committee Jan. 27 on a bill that uni- A would make changes to state formly would apply power regulations to encourage private firearms regulations renewable energy development. throughout the state LB824, introduced by Sen. John failed Jan. 27. The McCollister of bill is unlikely to be Omaha, would scheduled for further exempt private debate this session. renewable en- Introduced by ergy generation Crete Sen. Laura facilities from Ebke, LB289 would certain laws that repeal individual regulate the con- Sen. John McCollister city and village ordi- struction or acquisition of electric nances governing the generation facilities. registration, posses- The bill would eliminate the require- sion, transportation, ment that a developer have a power transfer and storage Sen. Laura Ebke said local communities should not be able to purchase agreement, in which a cus- of firearms and am- pass gun ordinances that are more restrictive than state law. tomer agrees to buy most of a proposed munition. Cities and villages would tors expressed concerns about the bill facility’s electricity, before the facility retain the authority to enforce prohibi- preempting local ordinances already in is built. The bill also would exempt a tions on firearm discharge. existence. Of particular concern was private developer from a requirement Ebke said the bill would protect Omaha’s handgun registry ordinance, that it prove that a new facility would the rights of law-abiding gun owners which Omaha Sen. Heath Mello said not create stranded assets. Finally, the by allowing them to travel throughout was intended to help law enforcement bill would prohibit other power suppli- the state without fear of having their protect public safety. ers from acquiring the private facility’s guns confiscated. “If we pass [this bill] as it’s drafted, property through eminent domain. “[LB289] would provide consistent you’d be able to see someone carrying To qualify for the exemption, a statewide uniformity with local firearm a semi-automatic rifle walking down private company would be required to enactments while continuing to allow the street, in the highest crime area of notify the Power Review Board, which communities to enact regulations on the state,” Mello said. “There would oversees most of the state’s electric gun discharge,” she said. “Gun owners be nothing [police] could do about it generating facilities, at least 30 days should not have to worry or wonder because we got rid of Omaha’s gun before it begins construction. The whether a hunting firearm or handgun ordinance. [LB289] makes some very company also must certify that it will transported in their vehicle is in viola- serious changes to what cities have pay for any decommissioning costs if tion of the law in the city that they’re done for years to curb gun violence.” the facility fails. travelling through.” Omaha Sen. Ernie Chambers, who McCollister said the bill would Several Omaha and Lincoln sena- filed a motion to recommit the bill to (continued page 3) (continued page 2) INSIDE: Prescription monitoring changes advance • Mountain lion license plates advance • Hearing schedule January 25 - 28, 2016 Statewide gun regulation bill stalls (continued from front page) the Judiciary Committee, said public cloture, or cease debate and take an A failed cloture motion prevents safety needs vary by community and immediate vote on the bill. The mo- further debate on the bill for the require individualized solutions. tion failed 32-10. Thirty-three votes day. g “[Supporters of LB289] are saying were needed. that the largest city in the state should not have the right to tailor ordinances to the specific issues facing that city,” Find Legislative Documents he said. “This has nothing to do with the constitution. This has to do with Committee hearing schedules, daily agendas and more can be paranoia.” viewed using the calendar on www.NebraskaLegislature.gov. Sen. Adam Morfeld of Lincoln opposed the bill as drafted, saying it Clicking the “Calendar” link on the left side of the website’s is vital to preserve the ability of local home page will open a calendar that is constantly updated with new information. communities to draft ordinances ad- dressing concerns specific to them. “We value local control in Nebras- ka because we know that the people on local boards are closer to the people [and issues] they represent than we are,” he said. Henderson Sen. Curt Friesen supported LB289, saying it is not an attack on local control. “This is about making uniform laws across the state,” Friesen said. “Explain to me how any of these local ordinances have made any of us safer.” The motion to recommit the bill to the Judiciary Committee failed on a 10-31 vote. Ebke offered a motion to invoke 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 and follow us on Twitter.com/UnicamUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kyle Harpster, Kate Heltzel, Ami Johnson; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 25 - 28, 2016 Wind energy exemption proposed (continued from front page) eliminate regulatory hurdles that deter private companies— the current regulatory environment makes it a much more especially wind energy developers—from building renewable difficult proposition than doing so in neighboring states.” energy generation facilities in the state. He said more private Bruce Bostelman, a member of the Center for Rural Af- development would lead to billions of dollars in capital fairs advisory board, opposed the bill. It would restrict the investment, high-paying jobs and new property tax revenue Power Review Board’s oversight of private energy develop- in rural Nebraska. ers, he said, and the state’s electrical grid does not have the “Our state’s current regulatory structure is decades capacity to handle the amount wind energy that developers old,” McCollister said, “but the industry and the market could generate. Private developers hope to sell electricity to have changed dramatically over the last six years and major the Southwest Power Pool (SPP), a group of utilities, power simplification of existing structures is required to remove generation and transmission companies that oversees elec- barriers that place our state at a significant disadvantage tricity infrastructure in 14 states including Nebraska, but with regards to renewable energy.” Bostelman said the market is already saturated. Thomas Budler, president of BHE Wind, said the com- “There is no market need within the SPP,” he said. pany announced plans last year to build a 400-megawatt wind “There is nowhere to go with the power.” farm in northeast Nebraska that will create approximately Tom Kent, vice president and chief operating officer for the 350 temporary construction jobs, 12 to 15 permanent jobs, Nebraska Public Power District, testified in a neutral capacity. $4 million per year in lease payments to landowners and He said the state would benefit from new privately developed $2.6 million per year in property taxes. However, that facility energy facilities. However, as those facilities put more electric- is the only investment the company has made in Nebraska ity onto the market, prices will go down, reducing the margin because of the regulations that LB824 would remove, he said. that public power utilities earn on the energy they generate. “BHE Renewables is very interested in making additional That could result in higher rates for customers, he said. major investments in the state of Nebraska,” he said, “but The committee took no immediate action on the bill. g Unicameral Youth Legislature igh school students with an Registrants are encouraged to interest in law, government, apply for a Speaker Greg Adams leadershipH or public speaking are Civic Scholarship award, which encouraged to register for the 2016 covers the full cost of admission. Unicameral Youth Legislature, which Applicants must submit a short will convene June 5-8. essay. Other $100 scholarships are also available. The Unicameral Youth Legislature is a four-day legislative simulation con-con The University of Nebraska– ducted at the State Capitol Building Lincoln’s Extension 4-H Youth and coordinated by the Clerk’s Office Development Office coordinates of the Nebraska Legislature. Student housing and recreational activities senators will sponsor bills, conduct for the camp as part of their Big committee hearings, debate legisla-legisla Red Summer Camps program. tion and discover the unique process of the nation’s only unicameral. Registration forms can be obtained from the Legislature’s Unicameral Students will learn about the inner Youth Legislature page: workings of the Legislature directly www.NebraskaLegislature.gov/uyl.