Transportation and Telecommunications Committee

How often county road ditches should be mowed was the topic of two bills heard by the Transportation Committee on Monday. LB55 would require ditches to be mowed three times each year - before June 5, before July 10, and before August 15. The second bill, LB584, as introduced, would prohibit mowing ditches before July 1 but would allow landowners, counties, or townships to control vegetation on shoulders, intersections or entrances, as well as for sight distance or snow control. Both bills are aimed at reducing accidents and the potential for county liability through increased visibility at rural intersections where crops are planted to the edge of the road. In addition, mowing at the appropriate times can maintain habitat during nesting season and help manage drifting snow in the winter. An amendment to LB584 was offered at the hearing that would reinstate existing language and set the date for the first mowing as sometime in July. Due to concerns that a landowner might wait until late August for the first mowing, the amendment may be revised to place the first mowing in the month of July.

Government, Military and Veterans Affairs Committee

LB152, which would eliminate a 2018 termination date for filing fees used for records preservation and modernization, was heard by the Government, Military and Veterans Affairs Committee on Friday. Since 2012, $2.50 of the filing fee for the first page and 50 cents for additional pages has been earmarked for the preservation and modernization of records in register of deeds offices. Registers of deeds testified in support of the bill and gave examples of how the funds have been used for microfilming, scanning, and repairing old books, as well as purchasing technology needed to organize and place land records online. Senator Joni Craighead introduced LB152. A similar bill, LB369, was introduced by Senator John Lowe and will be heard on February 16.

 

The committee also heard a bill, LB624, to withhold residential address records of law enforcement officers from disclosure by county assessors and registers of deeds. Officers could pay a $25 fee to withhold the records for five years. The information could be disclosed if the request was made in writing. Several law enforcement officers testified about incidents that occurred due to the public availability of their personal information. Some counties already take steps to protect the residential addresses of officers who request it.

 

Open meetings and public records were the main topics before the committee on Thursday. LB365 would allow custodians of public records to include charges for the salary of public officers performing research for public records requests when the requests are submitted by nonresidents. Existing law allows requesters to receive the first four hours of staff research free of charge.

As introduced, LB127 would require political subdivisions and state agencies subject to the Open Meetings Act to publish notice in a newspaper of general circulation in each county within the body's jurisdiction, as well as any other method designated by the public body. Existing law requires notice to be given by "a method designated by each public body and recorded in its minutes." Neb.Rev.Stat. sec. 84-1411. In response to concerns about the fiscal impact on state agencies, an amendment was offered to limit the new requirements to political subdivisions or their advisory committees. They would be required to publish in a newspaper of general circulation within their jurisdiction and could use any other appropriate method designated by the public body or its advisory committees. Public bodies would be required to record the methods and dates of such publications in their minutes.

Revenue Committee

Property owners whose homestead exemption application was rejected by the state would have a 30-day grace period to pay the delinquent taxes before accruing interest under LB217. Senator Burke Harr introduced the bill at NACO's request as a fairness issue. Because it can take up to three years for the Tax Commissioner to have the needed tax returns and other information to determine an applicant's income eligibility, the accrued interest can be sizeable before the property owner is notified that they didn't qualify for the exemption.

 

The committee also heard a bill, LB98, to extend a three-cent levy by natural resources districts in fully or over-appropriated districts.

 

On Friday, the committee heard the first several bills to collect sales taxes on remote sellers. LB601 would dedicate any new revenue to the Property Tax Credit Cash Fund unless otherwise appropriated.

 

Judiciary Committee

Counties and other political subdivisions faced with a federal judgment but insufficient funds to pay it could borrow money from the state under   LB353. A recent Attorney General's opinion concluded that the existing loan language in the Political Subdivisions Tort Claims Act (PSTCA) did not apply to federal claims in the Beatrice 6 case. In the case, six defendants who were wrongfully convicted of murder sued in federal court and received a $28.1 million judgment. Senator Roy Baker introduced LB353 on behalf of the Nebraska Association of Trial Attorneys.

 

A second bill would allow an individual who had a judgment from a federal court against a political subdivision arising from wrongful conviction to jointly or individually submit a claim with the State Claims Board for the amount which exceeds the available financial resources and revenue of the political subdivision required for its ordinary purposes. The Judiciary Committee will hear LB656 on March 9.

 

Retirement Committee

The Nebraska Retirement Systems Committee heard two bills recommended by NPERS, the Nebraska Public Employees Retirement Systems. LB219 would amend the definition of "actuarial equivalent" to reflect the use of different mortality tables for persons hired or re-hired on or after January 1, 2018. The bill would also change the rate used to calculate annuities under the county and state cash balance plans to reflect the recommendations of a 2016 actuarial experience study. LB278 would amend the county, state, and school plans to create uniformity in disability provisions and make them consistent with the definition under Social Security disability laws. The changes are technical in nature. 

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:

Upcoming Hearings on County Issues

In addition to the hearings listed below, here are a few to note next week:

• LB310 (Friesen) Change provisions relating to bridge carrying capacities and weight limits. LB310 was introduced at NACO's request to eliminate posting of weight limits on certain bridges. Hearing on Monday, February 6 at 1:30 p.m. before the Transportation and Telecommunications Committee
• LB338 (Brasch at the request of the Governor) Adopt the Agricultural Valuation Fairness Act.  LB338 is the Governor's property tax bill. Hearing on Wednesday, February 8 at 1:30 p.m. before the Revenue Committee
• LB392 (Larson) Adopt the Wind Friendly Counties Act. Hearing on Thursday, February 9 at 1:30 p.m. before the Natural Resources Committee
• LB193 (Pansing Brooks) Change provisions relating to courts. LB193 was introduced at NACO's request to update court terminology. Hearing on Friday, February 10 at 1:30 p.m. before the Judiciary Committee

 

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 .