The 105th Nebraska Legislature, Second Session adjourned on April 18, 2018. This Final 2018 Legislative Report is intended to provide a brief synopsis of some of the 152 bills passed by the Legislature and signed by Governor Pete Ricketts. This report highlights particular provisions of interest to counties within the included bills and notes bills that were amended into other measures. Please review the actual legislative bills for more specifics. The full text of the final version of each bill, called the slip law, can be viewed on the Legislature's website. Copies of bills can be requested from the Legislature's Bill Room at (402)471-0617. Also, consider contacting your county attorney with questions regarding the implementation of a particular bill in your county.

 

More than 475 bills, resolutions, and constitutional amendments were introduced this year in addition to the 457 measures carried over from last year. Bills that were not adopted in 2018 do not carry over to 2019.

 

Most bills will take effect at 12:01 a.m. on July 19, 2018, which is three calendar months after the Legislature's adjournment. Bills passed with a specific operative date or emergency clause become effective on the specified date or upon the governor's signature.

 

The 90-day 2019 session is scheduled to convene on January 9. Pursuant to Article III, section 10 of the Nebraska Constitution, regular sessions of the Legislature commence at 10:00 a.m. on the first Wednesday after the first Monday in January each year.

The NACO staff appreciates all county officials and employees who responded to requests to contact legislators, testify at hearings, review legislation, and answer surveys during this year's session. The direct involvement of county representatives is the key to a productive legislative session.

 

Please contact the NACO office or your affiliate group if you have suggestions for possible legislation for NACO to pursue in 2018. NACO's 2019 legislative priorities will be selected following NACO's 13th annual legislative conference on October 11 at O'Neill.

LB1098 increases the dollar amount triggering competitive bidding under the County Purchasing Act to $50,000. Currently the threshold requiring competitive bidding is $20,000. If the estimated value of the purchase is greater than $10,000 and less than $50,000, three informal bids, if practicable are required under LB1098. Existing law sets the range for informal bids at greater than $5,000 to less than $20,000. If the estimated value of the purchase is less than $10,000, bidding is not required. The current rate for informal bids is less than $5,000.

 

LB1036 doubles the dollar amount that can be spent on employee recognition dinners under the Local Government Miscellaneous Expenditures Act from $25 to $50. The rate has not been increased since 1993.

 

LB861 allows counties that are the site of a state correctional facility to file a claim with the state to recover costs of prosecution related to an incident, such as a riot, when the costs exceed 2.5 cents of the county's levy authority. The bill applies to incidents occurring after May 1, 2015.

 

LB953 provides that any contractor who has unpaid fines for violating the Employee Classification Act by misclassifying employees as independent contractors is barred from contracting with the state or any political subdivision until the fines are paid. This language was originally introduced in LB784. Other sections of the bill allow the Workers' Compensation Court to approve a lump-sum settlement if the beneficiary is or will soon be eligible for Medicare.

 

LB760 addresses an omission in the 2016 Volunteer Emergency Responders Incentive Act that provides an income tax credit for qualified active volunteer emergency responders, rescue squad members, and firefighters that serve a city, village, or rural or suburban fire protection district. The Act inadvertently left out volunteers serving a county. LB760 adds county volunteers to the list of individuals eligible for the credit. The bill took effect on April 11.

 

LB993 creates the 911 Service System Advisory Committee to make recommendations to the Public Service Commission (PSC) regarding the implementation and funding of next generation 911. Fourteen appointed members will represent county officials, emergency managers, public safety answering points, law enforcement, wireless carriers, and others. The PSC will determine how to allocate the 911 Service System Fund and the criteria for distribution. Funds can be used for costs of governing bodies or public safety answering points, including, but not limited to the acquisition of new equipment, delivering core services, and training personnel used to provide 911 services.

LB449 was passed by the Legislature but vetoed by Governor Ricketts. The bill would have repealed the Black-Tailed Prairie Dog Management Act which allows counties to enact a management plan when neighbors object to prairie dogs on adjacent property. Much of the debate and the veto message focused on landowner rights.
 

Two bills, LB997 and LB831, that would have capped salaries for county officials and administrative employees did not advance from committee. Measures to impose a moratorium on wind energy development in LB1054 did not pass.

Several senators and Governor Ricketts offered proposals for property tax relief but ultimately no bill advanced beyond the first round of debate. The governor's proposal, LB947, and Senator Steve Erdman's LB829 would have provided an income tax credit for property taxes paid to fund K-12 education. A petition was circulated but withdrawn that would have placed the changes proposed by LB829 on the November general election ballot.

 

LB1103 by Senator Curt Friesen would have provided a minimum amount of state funding to school districts for property tax relief. LB640 by Senator Mike Groene would also have approached property tax relief through state aid to schools. LB1084 by Senator Tom Briese would have provided for sales tax increases and elimination of some exemptions to offset property tax relief. LB1108 by Senator Burke Harr would have added a workforce investment element to provide future relief.

 

Some of the other proposals to add funds to the Property Tax Credit Act included LB910, LB1075, LB1086, and LB1088.

LB885 requires the county clerk to mail a copy of the property tax protest form to the property owner when the valuation has been protested by someone other than the owner. Notice would not need to be provided to third parties, such as management companies, who protest on behalf of the owner. Notice of the county board of equalization's decision must also be mailed to the property owner. The bill takes effect on January 1, 2019.

 

LB1089 is the annual Department of Revenue clean-up bill. It harmonizes homestead exemption language related to unremarried surviving spouses of servicemembers. Assessors must mail written notice of the rejection of a homestead exemption within 10 days of the rejection, rather than no later than July 31. An amendment was adopted in response to changes in federal law that would hold Nebraskans harmless in like-kind exchanges of personal property.

 

LB1090 adjusts personal exemptions, itemized deductions, individual income tax brackets, and other taxes that are tied to the federal tax code. The changes are intended to prevent a tax increase for Nebraskans due to the federal Tax Cuts and Jobs Act of 2017.

 

LB758 provides for joint entities created by interlocal agreements or natural resources districts that acquire title to private land for developing and operating a water augmentation project for streamflow enhancement to make voluntary in lieu of tax payments. The amount cannot exceed the amount of real property taxes that would have been paid. The entity must provide notice of the project, hold a public hearing, and seek input from officials in the county where the project will be located. The entity must prepare an annual report on water and land usage, as well as the amount of revenue gained from land leases and payments in lieu of taxes. The entity must submit all leases to the appropriate county assessor.

 

LB1038 extends the deadline for online voter registration from 5:00 p.m. to midnight on the deadline day. The bill carries an emergency clause and took effect on April 17.

 

LB744 creates the Legislative Qualifications and Election Contests Act to address contested elections for seats in the Legislature. The bill was introduced after senators discovered a lack of guidance in how to approach a challenge to a senator's residency last year. The process is separate from challenges for other offices under the Election Act.

 

LB1065 codifies authority to use electronic poll books. As introduced, photo and digital signature databases from the Department of Motor Vehicles would have been merged to create the pollbooks. Those procedures were removed before the bill was passed.

 

Measures to require voters to present identification, LB1066 and LR1CA, were not adopted. LB290, a carryover bill that would have provided for automatic voter registration at the time of applying for a driver's license or state identification card, was not debated on the floor.

LB310 was introduced by Senator Curt Friesen on behalf of NACO to clarify that weight limit signs do not need to be posted on bridges if the weight limit on the bridge matches the limit on the road. The bill defines culverts as having a span of 60 inches or more for purposes of weight limits for implements of husbandry being operated on county roads. The bill clarifies liability for persons driving across a bridge in excess of the weight limits.

 

LB733 extends the duration of Class B county highway or street superintendent licenses from one year to three years to match the length of Class A licenses. The bill takes effect on October 1, 2018.

 

 

LB78 provides the authority for the Nebraska Department of Transportation and a governmental subdivision to negotiate the terms and conditions of the relinquishment of a section of the state highway system. A written memo of understanding outlining the agreement must be filed as a public record. The bill takes effect on July 19, 2018.

LB193 was introduced by Senator Patty Pansing Brooks on NACO's behalf to update district court terminology and practices to reflect the functionality of the Supreme Court's electronic case management system. When the JUSTICE system was implemented in the 1990's, statutes were not revised to reflect electronic retention, rather than paper retention of records, and unnecessary duplication of records held in the electronic system. Other changes harmonize multiple different usages of the same terms, such as docket and file.

 

LB146 allows infractions to be set aside in the same manner that is currently available for misdemeanors and felonies.

 

LB697 revises district court judicial district boundaries. Clay and Nuckolls counties are moved from District 1 to District 10 to equalize caseloads.

 

LB983 updates a statute that was missed last year when legislation was adopted to address new court rules on media access during audiovisual court appearances.

 

LB708 provides that new filing fees and other court costs are not assessed on bridge orders that transfer cases from juvenile court to district court.

 

LB714 creates a judicial process for emancipation of minors. The bill sets out substantive and procedural issues including hearing requirements and treatment of child support and custody orders.

 

LB1132 creates a process for a victim of sex trafficking to petition the court to set aside a conviction or adjudication for prostitution-related and other offenses. The bill contains language from LB855 that allows a person who has received a pardon to have his or her criminal record sealed and LB897 that requires written consent from the patient before a medical professional contacts law enforcement when the patient is suspected to be a victim of sexual assault.

 

LB104 allows for a temporary surrogate to make healthcare decisions for persons who are incapable or incapacitated but do not have guardianship in place or a medical power of attorney. The surrogacy is removed when the person is no longer incapacitated.

LB776 requires each county jail to make available either a prepaid telephone call system or collect telephone call system, or a combination thereof, so that inmates can communicate with their families and attorneys. The county may receive revenue for reasonable operating costs but cannot receive excessive commissions or bonus payments. The Jail Standards Board may consider rates provided in the federal code for cost comparisons to determine reasonableness.

LB275 authorizes law enforcement agencies to remove abandoned or trespassing motor vehicles from private property upon request of the property owner. Existing statute defines abandoned as having been left without permission for at least seven days.

 

LB773 makes it a crime to threaten or harass someone with a text or email message. The bill updates existing language regarding the offense of intimidation by telephone call to include electronic communications. It also makes it a crime to possess a scanning or encoding machine with the intent to obtain information on a payment card without the owner's permission.

LB791 requires state and local law enforcement agencies to submit a personnel change in status form within seven calendar days after an officer is hired or leaves employment by the agency. The agency must maintain records of the reasons and circumstances surrounding the officer's separation from the agency for five years. Records showing officer conduct that could constitute grounds for revocation or suspension must be retained for the duration of the officer's employment with the agency and ten years thereafter. If an officer is terminated or allowed to resign in lieu of termination for conduct that could constitute incompetence, dishonesty, a felony violation, or other listed circumstance, a report must be submitted within 30 days. Persons holding a law enforcement certificate and seeking a job as a law enforcement officer must provide a signed waiver to prospective employers upon a conditional offer of employment to contact former employers and obtain copies of these records. The bill carries an emergency clause and took effect when it was signed on April 23.

LB480 prohibits health insurers from denying reimbursement or canceling coverage if the insured is in temporary custody or before the disposition of their case.

LB913 adds health care professionals to the list of public safety officers addressed under statutes for assault with a bodily fluid against a public safety officer.

LB258 requires the Department of Correctional Services to provide an opportunity for inmates and parolees to obtain a state identification card or renew a motor vehicle operator's license prior to discharge from a state correctional facility. The bill takes effect on July 1, 2020.

 

LB852 allows inmates to leave a state correctional facility for participate in substance abuse evaluations or treatment, attend rehabilitative programming, or other approved purposes.

 

LB1081 provides that on or before August 1 each year, all school boards shall review the rules of student conduct adopted by the school board with the county attorney. The rules outline when the school would be required to contact law enforcement if a student displays such conduct.

LB841 changes the name of the Office of Parole Administration to the Division of Parole Supervision and places the Division within the Board of Parole. It require the creation of an accelerated release plan if prison overcrowding exceeds 140 percent of capacity on July 1, 2020. Amendments were offered but not adopted that would have provided statutory authority for counties to house inmates for the state and required counties to immediately house inmates accused of assaulting a state correctional facility officer.

LB670 changes the membership and duties of the Nebraska Coalition for Juvenile Justice. The coalition makes recommendations to the Crime Commission for awarding grants and studies juvenile justice issues. Several other juvenile justice bills were amended into LB670. LB516 requires redaction of personal identifying information on room confinement reports. LB673 strikes a requirement for certain preliminary hearings to be held before an impartial person other than the juvenile's probation officer or another person directly involved in the case. LB774 authorizes a law enforcement officer who takes a juvenile under age 11 into temporary custody to release the juvenile without delivering custody to the Department of Health and Human Services. LB1112 allows community-based juvenile aid to be used for certain capital construction and to examine disproportionate minority contact. Further conditions limiting detention for juveniles take effect July 1, 2019.

 

LB990 prohibits juvenile felony offenders who have been adjudicated for a felony or a misdemeanor crime of domestic violence from possessing a firearm until the age of 25. Exceptions are made for members of the armed forces and law enforcement. Prior to reaching age 25, a juvenile may petition the court for an exemption and reinstatement of his or her right to possess a firearm.

 

LB1078 contains requirements for sibling placement of foster children with the Department of Health and Human Services. It requires increased reporting of sexual abuse of state wards or juveniles on probation, in a detention facility, or residential child-caring agency.      

 

LB158, a bill to require counsel for juveniles when a court petition is filed anywhere in the state, was prioritized by Senator Patty Pansing Brooks, but an attempt to invoke cloture was unsuccessful and the bill did not advance. Legislation enacted in 2016 requires counsel for juveniles in counties over 150,000. A $1 increase in court fees was proposed to help cover the cost to counties.

LB100 allows individuals who are released from a mental health commitment or treatment to petition the mental health board to reinstate firearm licenses. The petitioner must prove by clear and convincing evidence that the license should be reinstated. This is the same standard currently used to make a determination that a person is mentally ill and dangerous and therefore disqualified from holding a firearms license or concealed carry permit.

 

LB902 authorizes withholding from public disclosure information related to firearm registration, possession, sale or use applications or permits. The information would be available upon request to any federal, state, county, or local law enforcement agency.

LB931 contains language from three bills tightening restrictions on prescribing and dispensing opioids. It limits prescriptions of opioids for patients under age 17 to a seven-day supply. Concepts were added   from LB933 to require medical practitioners to notify patients of the risk of addiction and overdoses when prescribing opioids. Language from LB934 was amended into to LB931 to require a person picking up a prescription for opioids to provide photo identification.

 

LB923 creates immunity for law enforcement employees who prescribe or dispense naloxone to a person experiencing an opioid-related overdose.

 

LB1030 allocates motor vehicle sales tax based on the situs of vehicles owned by public power districts and licensed at their headquarters. The bill does not take effect until 2021 when the new vehicle titling and registration system will be implemented by the Department of Motor Vehicles.

 

LB989 allows for the operation of automated-driving-system-equipped vehicles in Nebraska as long as the driverless vehicle is capable of operating in compliance with traffic and motor vehicle safety laws. The state or political subdivisions cannot impose any taxes or more specific performance standards than those set out in state law. The state and political subdivisions are not required to plan or construct highways to accommodate driverless cars. Senator Curt Friesen has introduced LR424, an interim study resolution to continue examination of autonomus vehicles.

 

LB93 is the Automatic License Plate Reader Privacy Act. Automatic license plate readers are mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data. The bill prohibits their use except by a law enforcement agency for identifying outstanding parking or traffic violations, unregistered vehicles, vehicles registered to person with an outstanding warrant, and other law enforcement and parking enforcement uses. A governmental entity cannot retain captured plate data for more than 180 days unless it is subject to a preservation request, warrant, subpoena or court order, or considered evidence. Manual queries are limited. Governmental entities using plate readers must adopt usage and privacy policies and report them to the Crime Commission annually. Captured plate data is not considered a public record.

 

LB177 was introduced on behalf of the Department of Motor Vehicles to update laws relating to apportioned vehicles, the International Fuel Tax Agreement, and the Division of Motor Carrier Services.

 

LB629 waives the requirement for a Class A CDL holder to obtain a hazardous materials endorsement to transport 1,000 gallons or less of diesel fuel if certain requirement are met.

LB682 grants service members authority to terminate leases, internet, television and other contracts if they receive military orders to relocate to a location that is not covered under the contract.

LB497 harmonizes references to veteran's discharge papers to reflect an electronic version of the DD214 document.

 

LB685 prioritizes funding for military dependents with developmental disabilities. Existing law presents a list of priorities for funding Medicaid home and community-based services waivers. LB685 would insert these dependents into the fifth position, before "all other persons by date of application".

 

LB827 changes terminology in veterans affairs statutes to reflect that the veterans' homes are managed by the Department of Veterans' Affairs, rather than the Department of Health and Human Services.

 

LB1003 revises the number of hours used to calculate military absences without loss of pay.  

 

LB96 authorizes public and private sector initiatives to improve the military value of military installations such as Offutt Air Force Base and National Guard installations to access funding through the Department of Economic Development's Site and Building Development Fund.

LB496 allows tax increment financing (TIF) to be used for workforce housing in extremely blighted areas of high unemployment and poverty within cities. In rural communities, single-family or multi-family housing could be part of a TIF project. Prior to approving a redevelopment project for workforce housing, a municipality must conduct a housing study, prepare an incentive plan targeting the housing to existing or new workers, and hold a public hearing on the incentive plan.

 

LB874 rewrites TIF laws to require cities to provide more analysis of the project's qualifications. On or before May 1 each year, the city must compile information about the redevelopment projects that are financed in whole or part by TIF and report it to each county, school district, community college area, educational service unit and natural resources district. A redevelopment plan may include provisions that all taxes must be paid before they become delinquent in order for the project to receive funds from the division of taxes. If taxes are divided under the project, the amount of taxes allocated to the project, the tax statement must include an explanation that the taxes have been divided as part of a redevelopment project under the Community Development Law for a period not to exceed 15 years.

LB256 creates the Vacant Property Registration Act. It allows a city of the first class, second class or village to adopt a vacant property registration ordinance that would create a database of vacant properties. The ordinance would require owners to provide a plan for occupancy of the property and allow a program administrator to inspect the interior and exterior of the property. Unpaid registration fees and fines for violations of the ordinance would become a lien upon the property upon the recording of a notice of the register of deeds office. The lien would be subordinate to all liens recorded prior to the time the notice of the lien is recorded.
 
LB873 was passed by the Legislature on the last day of the session and vetoed by Governor Ricketts. The omnibus bill would have made technical changes to city and village statutes. Language amended into the bill from LB875 allowed cities and villages to enter into interlocal agreements with counties in which the extraterritorial zoning jurisdiction is located to provide for joint and cooperative actions to abate, remove, or prevent nuisances within such jurisdiction. Other sections from LB854 would have allowed all municipalities to implement a land bank to help manage tax-delinquent properties. The authority of land banks to issue debt without a vote of the people was cited as one of the reasons for the veto. Senator Dan Quick has introduced an interim study resolution, LR400, to examine land banks further.

LB724 requires gross lottery proceeds to be deposited into the account of the sales outlet location, county, city or village no later than five business days following the day they were collected. Other provisions require keno operators to segregate funds.

 

LB745 allows a city or county that has to make a refund of sales taxes in an amount of $5,000 or more to designate whether it will be deducted from its tax proceeds in one lump sum or twelve equal installments.

 

LB741 brings the Real Property Appraiser Act into compliance with federal laws. It eliminates the credential for a real property associate. The bill took effect on April 11.

 

LB750 makes technical changes to the process for lenders to release liens. It replaces the obligation of a lender to deliver the release of a mortgage or deed of reconveyance to the register of deeds, rather than the borrower.

 

LB786 updates language in 14 county statutes to be gender neutral. LB785, a bill to make similar changes to marriage license statutes, failed to advance from the Judiciary Committee.

 

LB994 creates the Rural Broadband Task Force to study ways to expand the availability of broadband telecommunications services in rural areas.  

 

LB1000 requires a vote of the people before a qualified public agency can issue bonds under the Public Facilities Construction and Finance Act.

What follows is a partial listing of interim study resolutions that were introduced for examination during the summer and fall months. This listing represents only those studies determined to be of significant interest and importance to county government. Listed here are the resolution numbers, the introducer, a brief description of the issue, and the committee that will conduct the hearing. If a public hearing will be held on a study resolution, the date and time will be posted on the Legislature's website. A complete list of the studies is available here.