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February 17, 2017                                                                  Legislative Report Archive 

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temprulesTemporary Rules Extended, Debate Begins
Senators reached an agreement on Wednesday to extend the Legislature's temporary rules for 30 days so that they could begin debate on the bills that have been advanced by committees. Because the lengthy debate over the number of votes needed to end a filibuster has left senators with the equivalent of a short 60-day legislative session, Speaker Jim Scheer reduced the amount of time to be considered as full and fair debate before a cloture motion may be offered to end a filibuster. The directive sets the time for first round (General File) debate at six hours, second round (Select File) at three hours, and Final Reading at one hour and thirty minutes.
 
On Thursday, senators began first round debate and advanced five bills related to annexation, extraterritorial zoning jurisdiction, and population thresholds for municipalities. When the body reconvenes after President's Day, several appointments and debate on LB18 addressing the scope of practice for dental hygienists are scheduled.

 distctCommittee Hears District Court Clerk Transfer Bill
On Wednesday the Judiciary Committee heard testimony and received letters from clerks of the district court, county board members, and county attorneys about a bill to transfer the office of clerk of the district court to the state. Many more officials contacted their senators and Judiciary Committee members about the bill or attended the hearing  to observe the proceedings.
 
LB544 would transfer ex officio clerk of the district court offices to the state on July 1, 2018, and create a process to allow counties with an elected clerk of the district court to transfer the office if there is a vacancy or the incumbent clerk chooses not to run again. Senator Dan Watermeier introduced the bill on behalf of Mike Heavican, Chief Justice of the Nebraska Supreme Court. Corey Steel, Court Administrator, testified in support of the measure on behalf of the Chief Justice. He testified that the bill was the result of a conversation during an interim study of efficiencies in county and state government that led to a study of district and county court offices by the National Center for State Courts this fall. In part, the bill was introduced to address concerns that although clerks of the district court are accountable to voters and comply with court rules, there is no direct line of oversight by the Supreme Court.
 
Representatives of NACO and county officials testified against LB544, raising policy and procedure questions. An overriding theme was the continuing need to provide access to justice, particularly to residents of counties who do not have a clerk magistrate for the county court in their courthouse every day. Clerks of the district court outlined their education and training requirements and the differences between county and district court functions. Clerks of the district court also serve as jury commissioner, clerk of the mental health board, and the passport agent in many counties in addition to court duties.
 
The committee took no action on the bill.
 

comhrgssetCommittee Hearings Continue
Government, Military and Veterans Affairs Committee
Two bills introduced by Senator Steve Erdman on NACO's behalf were heard by the Government, Military and Veterans Affairs Committee this week. LB382 would move Highway Allocation Funds and incentive payments outside of the restricted funds budget category. The move would give counties greater flexibility in budgeting as revenues increase from the Build Nebraska Act and the gas tax increase passed in 2015.
 
LB237 would change the filing of school district treasurers bonds from the office of the county treasurer to the school district office. An amendment would require an electronic copy of the bond to be sent to the county treasurer to verify that it is in place before distributions are made. There were no opponents to either bill. The committee took no action on the bills.
 
There was no testimony on LB369, a bill introduced by Senator John Lowe to remove a 2018 termination date on records preservation and modernization fees collected by registers of deeds. A nearly identical bill, LB152, was introduced by Senator Joni Craighead and heard by the committee on February 3. Senator Lowe asked the committee to hold his bill and move forward with Senator Craighead's bill.
 
Retirement Committee
The Nebraska Retirement Systems Committee heard testimony on a bill to address benefits for retirement plan members who are called into military service. LB532 would provide service members with the protection of knowing that the employee and employer contributions would continue if they are deployed. Senator Mark Kolterman, committee chair and introducer of the bill, said the cost to counties is expected to be minimal. The committee reported no action on the bill.
 
Transportation and Telecommunications Committee
LB459 would allow the One-Call board of directors to determine the best practices of the group. The One-Call program was established in 1994 and oversees the Nebraska 811 diggers hotline for excavators and others, including counties, to call before working in the right of way. By moving to rules and regulations promulgated by the State Fire Marshal, the board could adapt practices more easily than returning to the Legislature for each change.

The committee also took testimony on a bill to increase the size of the Public Service Commission and eliminate the full-time pay for the position. Instead, the pay structure would be changed to a per diem rate. LB410 would increase the number of commissioners from five to seven. The committee took no action on either bill.
 
Next Tuesday the committee will hear bills on 911 surcharges ( LB43) and the Small Wireless Facilities Act ( LB389).

Agriculture Committee
Repealing the Black-Tailed Prairie Dog Management Act was the subject of Tuesday's Agriculture Committee hearing on LB449. The Act allows a county to adopt a coordinated management plan to prevent the expansion of colonies from one property owner to another. The Act was enacted in 2012 and uses a process similar to that for the control of noxious weeds. Senator Ernie Chambers introduced the bill to eliminate the Act, arguing that it did not provide adequate due process for landowners. The committee took no immediate action on the bill.
 
Urban Affairs Committee
The Urban Affairs committee heard a bill to expand a program for energy assessment districts to counties. The PACE Act (Property Assessed Clean Energy) was adopted last year to create a mechanism for cities to finance the cost of energy efficiency projects for qualifying homeowners. The loan becomes a lien on the property if it becomes delinquent. LB625 would expand the same financing opportunity to counties. NACO and county treasurers testified in a neutral position to ask for technical changes in the collection process. As enacted last year, the bill requires the assessments to be collected at the same time and in the same manner a property taxes. Because the assessment is not based on levy and valuation, existing tax statements will not accommodate such collections.
 
Next Tuesday the committee will hear bills on tax increment financing - LB262, LB489, and LB597.

Revenue Committee
Income and property tax bills were heard by the Revenue Committee this week. LB380 would adjust the top marginal income tax rate. LB452 would reduce the number of individual income tax rates from four to three and phase out personal exemption credits.
 
LB468 would delay implementation of several tax programs and instead direct funds toward the state General Fund. Among other things, it would delay transfers to the Highway Trust Fund and Highway Allocation Fund from the sale of motor vehicles for FY2017-18 and FY2018-19. The planned increase in the Property Tax Credit for agland would be delayed until 2019. NACO opposed the bill.  
 
LB251 would establish the value of agricultural and horticultural land based on primary use without regard to whether some or all of the parcel is platted and subdivided into lots.
 
LB266 would gradually reduce the value of agricultural and horticultural land for school district purposes to 30 percent of actual value. As written, assessors would be required to keep separate records for school district values and would have to revise tax statements to accommodate the additional information.

LB640 would redistribute dollars in the Property Tax Credit Fund to provide state aid to schools.  
 
Three Revenue Committee hearings on the Tax Equalization and Review Commission ( LB322, LB385, and LB555) that were originally set for Wednesday, February 22 have been rescheduled for Wednesday, March 1. Please note that the hearings on March 1 will begin at 9:30 a.m. This is the revised hearing schedule for February 22:

LB535 (Hughes) Provide an exception for filing a statement with the register of deeds when recording an oil, gas, or mineral lease
LB313 (Briese) Change the sales tax rate and the earned income tax credit and provide property tax credits
LB312 (Briese) Change and eliminate revenue and taxation provisions
LB563 (McCollister) Impose sales tax on certain services and eliminate certain sales tax exemptions
        
 snapSnapshots of County Issues
Bills Advanced by Committees 
This week the legislature's standing committees sent a number of bills to the full body for debate. Some of these include:
  • LB447 (Chambers) Eliminate certain mandatory minimum penalties 
  • LB72 (Schumacher) Provide for governmental unit bond priority under the Nebraska Governmental Unit Security Interest Act and rename the act 
 
Upcoming Hearings on County Issues
In addition to the hearings listed elsewhere, here are a few to note next week:
  • LB192 (Pansing Brooks) Change and modernize provisions relating to the qualifying and summoning of jurors. This is NACO's bill to reorganize and harmonize jury selection statutes. Hearing on Wednesday, February 22 at 1:30 p.m. before the Judiciary Committee
  • LB236 (Erdman) Prohibit combining parcels through a Form 191 if property taxes are certified, delinquent or in tax sale. Hearing is on Thursday, February 22 at 1:30 p.m. before the Revenue Committee
  • LB238 (Erdman) Authorize county assessors to certify valuations to taxing entities electronically. Hearing is on Thursday, February 22 at 1:30 p.m. before the Revenue Committee
  • LB288 (Harr) Allow notice to property owner of pending treasurers deed through certified mail or designated delivery service. NACO has asked for an amendment to require the name of the party to be included. For all tax sales certificates sold between January 1, 2010 and December 31, 2017, the law in effect on December 31, 2009 would apply. Hearing is on Friday, February 24 at 1:30 before the Revenue Committee
     
scholNACO Scholarhips Applications Being Accepted
Nebraska high school seniors who are the children, stepchildren, or under the legal guardianship of county officials or employees are encouraged to apply for one of twelve $1,000.00 NACO scholarships.  In addition to the twelve NACO scholarships, a special award, the Ronda Dix Memorial Scholarship, may be awarded to an applicant planning a career in nursing, physical therapy, or other medical field.  Additional information and the application form can be found on the front page of the NACO website.
    
The scholarship application deadline is March 1, 2017. To access the application from this article, click here . 
      
 
comhrgSelected Committee Hearing Schedules
Every bill introduced by the Legislature is the subject of a public hearing. Following is a schedule of bills that are of interest to counties.Note that bills not appearing on this list may be heard during the same hearing. A complete list of hearings is available on the Legislature's website. For tips about testifying at a hearing, click here. Please note that hearing times may have changed.

Monday, February 20, 2017
Recess Day
 
Tuesday, February 21, 2017
Urban Affairs Committee
Room 1510, 1:30 p.m.
  • LB262 (Groene) Change provisions relating to undeveloped vacant land under the Community Development Law
  • LB489 (Groene) Redefine development project under the Community Development Law
  • LB597 (Groene) Provide for application process through county assessor and Tax Commissioner prior to using tax-increment financing

Transportation and Telecommunications Committee
Room 1113, 2:00 p.m.
  • LB156 (Friesen) Eliminate a termination date under the 911 Service System Act
  • LB43 (Hilkemann) Change provisions relating to surcharges for 911 service
  • LB389 (Friesen) Adopt the Small Wireless Facilities Act
  • LB472 (Bostelman) Change provisions relating to signs and advertising on highways
  • LB612 (Wayne) Require direct access to 911 emergency service from certain telephone systems using Internet protocol-enabled services
 
Wednesday, February 22, 2017
Judiciary Committee
Room 1113, 1:30 p.m.
  • LB173 (Morfeld) Prohibit discrimination based upon sexual orientation and gender identity
  • LB192 (Pansing Brooks) Change and modernize provisions relating to the qualifying and summoning of jurors
  • LB526 (Morfeld) Change provisions relating to debtor's rights, garnishment, attachment, and other debt collection procedures

Government, Military and Veterans Affairs Committee
Room 1507,1:30 p.m.
  • LB508 ( Hilgers) Change the population threshold for the county civil service system
  • LB567 (Bolz) Change funding for county public assistance offices

Revenue Committee
Room 1524, 1:30 p.m.
  • LB535 (Hughes) Provide an exception for filing a statement with the register of deeds when recording an oil, gas, or mineral lease
  • LB313 (Briese) Change the sales tax rate and the earned income tax credit and provide property tax credits
  • LB312 (Briese) Change and eliminate revenue and taxation provisions
  • LB563 (McCollister) Impose sales tax on certain services and eliminate certain sales tax exemptions
     
Thursday, February 23, 2017
Judiciary Committee
Room 1113, 1:30 p.m.
  • LB178 (Bolz) Provide for sexual assault protection order
  • LB191 (Pansing Brooks) Provide for renewals of domestic violence protection orders
  • LB289 (Pansing Brooks) Change provisions and penalties relating to pandering, human trafficking, labor trafficking, and sex trafficking and prohibit solicitation of a trafficking victim
  • LB394 (Morfeld) Change provisions relating to possession of a deadly weapon by person subject to a domestic violence protection order
  • LB487 (Morfeld) Provide exception to certain crimes for persons witnessing or experiencing drug overdoses and provide protection from civil liability for emergency responders and peace officers administering naloxone

Health and Human Services Committee
Room 1510, 1:30 p.m.
  • LB297 (McCollister) Create Children and Juveniles Data Pilot Project

Government, Military and Veterans Affairs Committee
Room 1507, 1:30 p.m.
  • LB644 (Government, Military and Veterans Affairs Committee) Provide, change, and eliminate provisions governing boards, commissions, and similar entities
     
Revenue Committee
Room 1524, 1:30 p.m.
  • LB232 (Kolterman)  Provide a property tax exemption for property leased to the state or a governmental subdivision
  • LB236 ( Erdman) Change provisions relating to the inclusion of multiple lots in one parcel
  • LB238 (Erdman)Change provisions of the Nebraska Budget Act relating to certifying taxable values
 
Friday, February 24, 2017
Judiciary Committee
Room 1113, 2:00 p.m.
  • LB367 (Krist) Change provisions relating to payment of costs in juvenile matters

Government, Military and Veterans Affairs Committee
Room 1507, 1:30 p.m.
  • LB482 (Smith) Adopt the Government Neutrality in Contracting Act 

Revenue Committee
Room 1524, 1:30 p.m.
  • LB602 (Erdman) Change and eliminate provisions relating to the valuation of agricultural land
  • LB498 (Brewer) Change provisions relating to transfer of homestead exemptions
  • LB253 (Crawford) Authorize intergovernmental service agreements under the County Industrial Sewer Construction Act and provide for a special tax levy
  • LB288 (Harr) Change provisions relating to service of notice when applying for a tax deed and the laws governing tax sale certificates
 
Monday, February 27, 2017
Nebraska Retirement Systems Committee
Room 1510, 4:30 p.m.  
  • LB415 (Kolterman) Provide and change notification requirements and duties and benefits for certain retirement system members, change certain annuity and disability benefit provisions, and provide duties for school districts and the Public Employees Retirement Board relating to retirement
 
Transportation and Telecommunications Committee
Room 1113, 1:30 p.m.
  • LB41 (Hilkemann) Change child passenger restraint system enforcement from a secondary to a primary offense
  • LB471 (Kolowski) Provide for enforcement of the prohibition against using a handheld wireless communication device as a primary action
 
Tuesday, February 28, 2017
Transportation and Telecommunications Committee
Room 1113, 1:30 p.m.
  • LB627 (Larson) Provide for the operation of autonomous motor vehicles as prescribed
  • LB587 (Crawford) Change provisions relating to school permits
  • LB82 (Blood) Require the Department of Motor Vehicles to include certain traffic stop safety information in the Nebraska Driver's Manual
  • LB357 (Bolz) Increase original certificate of title fees for vehicles transferred to Nebraska from another state and provide for voluntary contributions to brain injury programs
 
Urban Affairs Committee
Room 1510, 1:30 p.m.
  • LB95 (Crawford) Change provisions relating to the Community Development Law and tax-increment financing
  • LB496 (Stinner) Define and redefine terms under the Community Development Law
  • LR16CA (Wayne) Constitutional amendment to allow cities and villages to pledge taxes relating to a redevelopment project for up to twenty years if area is extremely blighted
 
Wednesday, March 1, 2017 - Please note changes in hearing times
Government, Military and Veterans Affairs Committee
Room 1507, 9:15 a.m.
  • LB75 (Wayne) Provide for restoration of voting rights upon completion of a felony sentence or probation for a felony
  • LB314 (Murante) Change state and municipal election provisions to conform to prior legislation
  • LB451 (Murante) Change various provisions relating to elections as prescribed
 
Judiciary Committee
Room 1113, 9:15 a.m.
  • LB478 (Groene) Provide for possession of archery equipment and knives for recreational purposes
  • LB500 (Brewer) Authorize the carrying of concealed handguns by qualified active and retired law enforcement officers
  • LB558 (Schumacher) Define the term knife for certain provisions of the criminal code
 
Natural Resources Committee
Room 1525, 9:15 a.m.
  • LB504 (Brewer) Provide for a moratorium on industrial development of wind energy projects and for a task force study as prescribed
 
Revenue Committee
Room 1524, 9:30 a.m.
  • LB322 (Craighead) Change the Tax Equalization and Review Commission Act
  • LB385 (Lindstrom) Change provisions relating to the burden of proof and who may appeal under the Tax Equalization and Review Commission Act
  • LB555 (Smith) Change and eliminate provisions of the Tax Equalization and Review Commission Act
 
Thursday, March 2, 2017
Government, Military and Veterans Affairs Committee
Room 1507, 1:30 p.m.
  • LR1CA (Murante) Constitutional amendment to require voter identification
 
Judiciary Committee
Room 1113. 1:30 p.m.
  • LB201 (Lowe)  Change provisions relating to perjury and the issuance of search warrants
  • LB259 (Hansen) Provide for competency determinations in cases pending before county courts
  • LB440 (Wishart) Provide immunity from criminal or civil liability for removal of an animal from a vehicle by forcible entry as prescribed
  • LB505 (Brewer) Adopt the Refugee Resettlement Notification Act
  • LB589 (Crawford)  Provide for depositions of a child victim or child witness

Natural Resources Committee
Room 1525,1:30 p.m.
  • LB533 (Vargas) Require liability insurance for and restrict locations of underground enhanced recovery injection wells and wastewater disposal wells

Revenue Committee
Room 1524,1:30 p.m.
  • LB326 (Kolowski0 Provide additional budget and tax levy authority for certain school districts
  • LB633  (Kolowski) Authorize school districts to levy a tax and exceed budget authority for school security measures and student technology
  • LB400 (Hilkemann) Change provisions relating to motor vehicle fees and taxes
  • LB531 (Harr) Change sales tax collection fees for motor vehicles
 
Friday, March 3, 2017
Judiciary Committee
Room 1113, 2:00 p.m.
  • LB444 ( Walz)  Prohibit cities and counties from canceling health insurance coverage for injured law enforcement officers
  • LB577 (Hilgers) Create offense of assault on a peace officer, firefighter, or out-of-hospital emergency care provider by ambush
  • LB623 (Wishart)  Change and eliminate provisions and penalties relating to assault on an officer, certain employees, or a health care professional
  • LB638 (Bostelman) Provide enhanced criminal penalties based upon a person's employment as prescribed

Revenue Committee
Room 1524,1:30 p.m.
  • LB228 (Harr) Change provisions relating to rent-restricted housing projects
 
Monday, March 6, 2017
Banking, Commerce and Insurance Committee
Room 1507, 1:30 p.m.
  • LB141 (Williams)  Adopt the Revised Uniform Unclaimed Property Act

Business and Labor Committee
Room 2102,1:30 p.m.
  • LB609 ( Linehan) Provide fee schedules under the Nebraska Workers' Compensation Act
  • LB408 (Lowe) Provide for a drug formulary under the Nebraska Workers' Compensation Act
  • LB319 (Halloran)  Provide for confidentiality of and access to certain injury reports under the Nebraska Workers' Compensation Act
  • LB147 (Hansen) Change workers' compensation provisions relating to waiting time, termination of compensation, and attorney's fees
 
Tuesday, March 7, 2017
Banking, Commerce and Insurance Committee
Room 1507,1:30 p.m.
  • LB559 (Schumacher) Prohibit the collection of interchange fees on specified taxes and fees relating to electronic payment transactions
 
Wednesday, March 8, 2017
Judiciary Committee
Room 1113, 1:30 p.m.
  • LB501 (Brewer) Change prohibition on locations where permitholder may carry a concealed weapon
  • LB520 (Hansen)  Require notification when persons prohibited by state or federal law obtain a handgun or concealed carry permit
  • LB556 (Halloran)  Change provisions relating to firearms and create the offenses of use of a facsimile or nonfunctioning firearm to commit a felony and possession of a firearm by a prohibited juvenile offender
  • LB637 (Bostelman)  Prohibit disclosure of information relating to firearm owners and concealed carry permitholders
  • LB666 (Lowe) Change provisions relating to carrying a concealed weapon
 
Thursday, March 9, 2017
Judiciary Committee
Room 1113,1:30 p.m.
  • LB434 (Ebke) Change videoconferencing provisions relating to certain juvenile hearings
  • LB516 (Pansing Brooks) Change provisions relating to a report on juvenile facilities
  • LB656 (Baker) Provide for claims against the state by persons wrongfully incarcerated
  • LB658 (Wayne) Provide for expert witness appointment as prescribed in certain juvenile proceedings
  • LB226 (Wishart) Provide for purchase of motor vehicles and insurance by certain juveniles, change foster care transition proposal provisions, and provide immunity from liability for caregivers

Revenue Committee
Room 1524, 1:30 p.m.
  • LB570 (Friesen) Provide a property tax exemption for all tangible personal property
  • LB572 (Friesen) Provide termination dates for the Property Tax Credit Act and the Tax Equity and Educational Opportunities Support Act and change application deadlines under the Nebraska Advantage Act
  • LB576 (Brewer) Limit increases in property tax bills
  • LB599 (Groene) Exempt certain improvements on land from taxes as prescribed
 
Friday, March 10, 2017 - Recess Day
 
Wednesday, March 15, 2017
Judiciary Committee
Room 1113,1:30 p.m.
  • LB405 (Baker) Change provisions relating to DNA samples, DNA records, and thumbprints under the DNA Identification Information Act
  • LB435 (Ebke) Change provisions relating to escape
  • LB450 (Chambers) Adopt the Patient Choice at End of Life Act
  • LB622 (Wishart)Adopt the Medical Cannabis Act
 
Thursday, March 16, 2017
Judiciary Committee
Room 1113,1:30 p.m.
  • LB527 (Morfeld)Provide for subpoena of records in certain cases
  • LB145 (Hansen)  Provide for a hearing to determine financial ability to pay fines and costs and traffic citations and provide for community service
  • LB395 (Morfeld)  Change provisions relating to conditions of and ability to post bail
  • LB615 (Wayne) Provide for expungement of criminal history record information in cases of arrests based upon mistaken identity
 
Friday, March 17, 2017
Judiciary Committee
Room 1113,2:00 p.m.
  • LB491 (McCollister)  Create the offense of fraudulent misrepresentation of a service animal and provide penalties
  • LB424 (Ebke)  Provide for earned time and discontinue use of good time in the Department of Correctional Services
  • LB585 (Linehan) Change provisions relating to dangerous dogs, seizure of animals, and animal control authorities
 
Monday, March 20, 2017
Business and Labor Committee
Room 2102,1:30 p.m.
  • LB503 (Brewer) Prohibit certain provisions in collective-bargaining agreements
  • LB598 (Groene) Require consideration of certain factors by the Commission of Industrial Relations when establishing wage rights
 
Wednesday, March 22, 2017
Judiciary Committee
Room 1113,1:30 p.m.
  • LB446 (Chambers) Eliminate the death penalty and change and eliminate provisions relating to sentencing
  • LB560 (Schumacher) Change restrictive housing and inmate discipline provisions
  • LB593 (Hughes) Create the offense of criminal trespass to vehicles
 
Thursday, March 22, 2017 - Final Day of Hearings
Judiciary Committee
Room 1113,1:30 p.m.
  • LB502 (Brewer) Adopt the Permitless Concealed Carry Act

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