TopNACO_Legislative_Report_Header
February 22, 2013                                                                             Legislative Report Archive
Capitol_Building

In This Issue

  
  
  
  

 

 

Find us on Facebook 

Find NACO

on Facebook

weatherWeather Forces Rescheduling of Hearings

Concerns about the safety of traveling senators and testifiers led the Legislature to postpone hearings scheduled for February 21 until the morning of March 5. Check the revised hearing schedule here. Senators worked through an abbreviated agenda of Select File bills and adjourned before 10:00 a.m. on Thursday morning in anticipation of the forecasted snowstorm.

 

On Friday, February 22, the 30th day of the 90 day session, senators returned to their normal schedule of morning floor debate and afternoon hearings.  

  

Return to top

inheritInheritance Tax Rate Revision Hearing Scheduled

On Wednesday, February 27, the Legislature's Revenue Committee will hear LB600, a bill revising inheritance tax rates. The hearing will begin at 1:30 in Room 1524 of the State Capitol. County officials are encouraged to attend or provide written testimony. If you plan to attend, please notify the NACO office.  NET will livestream the hearing here.

 

LB600 is intended to re-balance the rates for relatives such as nieces and nephews, as well as unrelated individuals. Currently Class II beneficiaries pay 13 percent on amounts in excess of $15,000 and Class III beneficiaries pay 18 percent on amounts in excess of $10,000. The bill would decrease the rates to 9 percent and 13 percent respectively.

 

The committee will also hear three other bills. LB370 would provide state aid to counties and cities through a population-based formula. The funds would have to be used to offset property taxes. NACO conditionally supports the bill with the recommendation that the distribution should be based upon a more equitable formula that was adopted several years ago to combine and distribute state aid. Issues presented by the bill will be part of an overall tax policy discussion.

   

LB531 would repeal the one-quarter of one percent allocation of sales taxes for road construction. The allocation is scheduled to begin on July 1, 2013. NACO opposes the bill. LB266 would repeal last year's increase in local option sales tax rates for cities. 

 

Return to top

 

shotsSnapshots of County Issues 

Bills Scheduled for Hearing

Senator Brad Ashford's bill to close juvenile detention centers in Kearney and Geneva will be heard by the Judiciary Committee on March 7. As introduced, LB561 would shift the detention of juvenile offenders to community-based services. The Office of Juvenile Services would be dissolved and replaced by an Office of Juvenile Assistance.  The new office would coordinate juvenile probation and services related to diversion and violence prevention. Further amendments are expected.

 

Two bills to expand Medicaid coverage will be heard by the Health and Human Services Committee on February 28. LB577, introduced by Senator Kathy Campbell, would provide health insurance coverage for certain low-income Nebraskans. LB578, introduced by Senator Jeremy Nordquist, would put insurance premium taxes that have been used to subsidize the state's high risk insurance pool toward the Medicaid expansion. The expansion would help cover costs incurred by counties for general assistance.

 

Bills Heard By Committees This Week

Following Revenue Committee discussions on Wednesday, a comprehensive tax study will replace Governor Heineman's tax reform proposals. LB613, which was introduced by Sen. Paul Schumacher, would create a special study committee composed of Revenue Committee members and chairs of other standing committees. Senator Beau McCoy, the introducer of Governor Heineman's proposals (LB405 and LB406) has indicated that he will select LB613 as his priority bill for the session. The Revenue Committee unanimously voted to indefinitely postpone LB405 and LB406.

 

Dollar amounts triggering a formal bidding process on county road and bridge projects and materials would be raised by LB623, which was heard by the Transportation and Telecommunications Committee on Wednesday.   Existing law requires bidding of contracts for road and bridge repair if the estimated cost will exceed $60,000. The bill would increase the maximum cost without bidding to $150,000. The bill would increase the current bidding threshold for materials from $10,000 to $20,000. The rates have not been changed since 1988.  NACO testified in support of the bill.

 

The Transportation Committee also heard two bills addressing county drainage projects. Under LB386, counties entering private property for drainage control measures would have to make a record of the condition of the premises at the time of entry and give ten days' notice to the property owner. An amendment was offered to provide an exception for emergency situations. LB387 would outright repeal the statutory section that would be amended by LB386. The discussion on both bills focused on the possibility of an overall revision to existing county drainage laws. The committee has not reported action on the bills.

  

Bills Debated on General File

 

Debate began on February 22 on a bill addressing fees charged for public records by counties and other public entities. LB363 would prohibit the inclusion of salaries for officials and employees for the first six hours of searching, identifying, or copying public records. Senators noted contacts from county officials asking for a shorter time period because six hours of research would unduly hinder the operation of their offices. Debate on LB363 will continue on Monday.

 

Bills Advanced from Committees

If the names of no more than two candidates are slated to appear on the primary election ballot for county office, the candidates would be declared nominated and advance to the general election under LB56. Automatic advancement is already in place for the election of directors of natural resources districts, public power districts, airport authority boards, and certain other offices. The Government, Military and Veterans Affairs Committee sent the bill to General File with an amendment clarifying that the candidates must have properly filed for the nomination of a political party and the number of candidates does not exceed the number of candidates to be nominated by that party for that office.

 

Cities annexing county roads would receive the same authority held by the county over the road, including recorded or prescriptive easements, under a bill advanced by the Transportation and Telecommunications Committee. LB377 was introduced to address ownership issues in annexations when a county has an easement but does not own the property on which a road is located.  The committee also advanced LB399, which would allow volunteer members of public safety or crime prevention organizations to use flashing amber lights under terms and conditions and within areas determined by the sheriff, police department, or other applicable law enforcement agency.

 

The Judiciary Committee advanced several bills this week, including measures revising transfer on death deeds and nonconsensual liens. LB345 would require a cover sheet to accompany death certificates filed in the register of deeds office and would eliminate requirements for two disinterested witnesses to attest to transfer on death deed. LB3, as originally written, would require a county recording office to forward a copy of nonconsensual liens to the property owner. A committee amendment would rewrite and amend the bill and create the crime of fraudulently filing a financial statement. It would set out a process for service by the sheriff in order to enforce the lien.

 

Bills Debated on Select File

On Thursday senators advanced 25 bills from Select File by voice votes, including:

  • LB28, which would change the deadline for imposing a 25 percent penalty for late filing of personal property tax returns from August 1 to July 1 
  • LB29, which would eliminate a requirement for county assessors to maintain a controlling account of monthly tax collections
  • LB36, which would provide that the documentary stamp tax is not imposed upon certified or authenticated death certificates filed with the register of deeds
  • LB311, which would clarify the ten day timing requirement to obtain a bond prior to the beginning of the term of office for county officers
  • LB156, which would eliminate an outdated report made to the Department of Health and Human Services by counties with community service programs
  • LB207, which would shift the responsibility to mail motor vehicle registration renewal postcards from counties to the state in exchange for a fifty-cent reduction in county fees
  • LB210, which would revise the Uniform Commercial Code to address improperly filed financing statements
hearSelected Committee Hearing Schedule
Following is a list of some of the bills with county impact that have been scheduled for public hearing in the coming weeks, including hearings rescheduled due to weather. Please check the Legislature's website for a full listing.  

 

Monday, February 25

Banking, Commerce and Insurance Committee

Room 1507 1:30 p.m.

  • LB614 (Schumacher) Provide for withholding insurance proceeds for demolition costs

Transportation and Telecommunications Committee

Room 1113 1:30 p.m.

  • LB11 (Krist) Change provisions relating to surcharge for 911 service
  • LB595 (Price) Provide for a Public Service Commission study of next-generation 911

Tuesday, February 26

Agriculture Committee

Room 2102 1:30 p.m.

  • LB597 (Larson)  Change provisions relating to county agricultural societies

Wednesday, February 27

Revenue Committee

Room 1524 1:30 p.m.

  • LB531 (Conrad) Change distribution of sales and use tax revenue and repeal the Build Nebraska Act
  • LB370 (Lathrop) Create the County Property Tax Assistance Program and the Municipal Property Tax Assistance Program
  • LB600 (Wightman) Change certain inheritance tax rates

Government, Military and Veterans Committee

Room 1507 1:30 p.m.

  • LB418 (Kolowski) Change powers and duties of election commissioners, chief deputy election commissioners, and county boards
  • LB433 (Price) Require a report and change administration procedures for ballots at hospitals and nursing  homes
  • LB449 (Avery) Redefine high elective office for restrictions on multiple office holding
  • LB450 (Avery) Change political party convention and caucus provisions

Judiciary Committee

Room 1113 1:30 p.m.

  • LB374 (Nelson) Provide for a delinquent child support payment lien on an appearance bond as prescribed
  • LB615 (Schumacher) Provide for summary guardianships

Natural Resources Committee

Room 1525 1:30 p.m.

  • LB549 (Schilz) Change the scrap tire recycling sunset provision and fees  

Thursday, February 28

Health and Human Services Committee

Room 1510 1:30 p.m.

  • LB577 (Campbell) Change provisions relating to the medical assistance program
  • LB578 (Nordquist) Create a fund to provide funding for medicaid services and change distribution of premium tax revenue 

Government, Military and Veterans Affairs Committee

Room 1507 1:30 p.m.

  • LB565 (Nelson) Prohibit registering to vote and voting early on the same day
  • LB576 (Harr) Require flagging of area near polling places and change restrictions on electioneering

Revenue Committee

Room 1524 1:30 p.m.

  • LB101 (Watermeier) Change valuation of agricultural and horticultural land
  • LB145 (Brasch) Change valuation of agricultural and horticultural land
  • LB55 (Wightman) Change provisions relating to reassumption of assessment function by counties
  • LB574 (Harr) Provide that certain assessments are levied and collected as special assessments

Friday, March 1

Revenue Committee

Room 1524 1:30 p.m.

  • LB237 (Karpisek) Change provisions relating to a property tax exemption
  • LB348 (Harr) Change provisions relating to the assessment of certain rent-restricted housing projects
  • LB43 (Cook) Change provisions relating to a property tax exemption
  • LB110 (McGill) Change the eligibility for homestead exemptions

Monday, March 4

Business and Labor Committee

Room 1113 1:30 p.m.

  • LB652 (Lautenbaugh) Provide procedures for taking grievances by certain county corrections officers to the Civil Service Commission

Tuesday, March 5

Government, Military and Veterans Affairs Committee

Room 1507 9:30 a.m.

  • LB417 (Kolowski) Provide for guidelines for election workers
  • LB292 (Karpisek) Change population restrictions for conducting elections by mail
  • LB299 (Seiler) Change political subdivision election provisions

Judiciary Committee

Room 1113 9:50 a.m.

  • LB631 (Harr) Change provisions relating to garnishment
  • LB415 (Seiler) Change provisions relating to financial institutions and attachment and garnishment
  • LB520 (Christensen) Allow land surveyors to enter upon public or private land or waters as prescribed

Agriculture Committee

Room 2102

  • LB636 (Wallman) Provide restrictions for application of certain herbicides

Wednesday, March 6

Natural Resources Committee

Room 1525 1:30 p.m.

  • LB477 (Carlson) Change sunset for Riparian Vegetation Management Task Force 

Revenue Committee

Room 1524 1:30 p.m.

  • LB419 (Hadley) Change provisions relating to the nameplate capacity tax

Thursday, March 14

Revenue Committee

Room 1524 1:30 p.m.

  • LB251 (Hansen) Change a fee relating to the rental of motor vehicles

Wednesday, March 20

Revenue Committee

Room 1524 1:30 p.m.

  • LB581 (Crawford) Change the sales and use tax collection fees
  • LB333 (Schumacher) Change the sales and use tax collection fees
  • LB618 (Karpisek) Create the Agricultural Land Valuation Task Force

Thursday, March 21

Revenue Committee

Room 1524 1:30 p.m.

  • LR2CA (Pirsch) Constitutional amendment to require that any bill that imposes or increases a tax be approved by a majority of the members of the Legislature plus four
  • LB317 (Price) Change a duty of county assessors realting to real property valuation
  • LB62 (Schilz) Change levy provisions for rural and suburban fire protection districts

Return to top   

 

scholNACO Scholarship Applications Due March 1
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 NACO scholarships. Additional information and the downloadable application form can be found on the front page of NACO's website. The scholarship application deadline is March 1, 2013. To access the application, click here.

 

Return to top  

Nebraska Association of County Officials
625 South 14th Street Suite 200 | Lincoln, NE 68508 | 402-434-5660
Join Our Mailing List