The first filibuster of the session ended with a compromise, rather than a cloture vote, on Tuesday. After eight hours of General File debate and a delay due to weather, an agreement was struck to increase marriage license fees from $15 to $25, rather than $50. Several other options were discussed during the debate on LB88, including a periodic adjustment based upon inflation.

 

An amendment to change the proposed certified copy cost to $8.50 will be debated on Select File. The fee is currently $5. LB88 would have increased it to $16 to align with the fee charged by the state for the same document.

    

Senator Kathy Campbell introduced the bill on behalf of counties.

 

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The Retirement Systems Committee took testimony this week on LB594, a bill to set supplemental retirement rates for county and first class city law enforcement at a level "at least" as high as the rate specified in statute. Under existing law, counties over 85,000 contribute an additional two percent for commissioned law enforcement personnel. Counties under 85,000 contribute an additional 1 percent.   

 

The Nebraska Public Employees Retirement System (NPERS) testified in opposition, citing constitutional concerns and operating challenges, as well as the possibility of jeopardizing the IRS status of the state-administered county retirement plan. NACO and the League of Municipalities also testified in opposition.

   

Two bills addressing retirement contributions for judges were heard by the Judiciary Committee this week. LB602 would increase court costs by $2 for judges retirement and add a judges retirement fee for diversion services. If these costs could not be collected by the county court, counties would foot the bill. An amendment was offered that would replace the bill. In addition to the judges retirement fee increase, the amendment would clarify who is responsible for reporting the existence of pretrial diversion programs and remitting the fees. LB651 is intended to eliminate county responsibilities for court costs when the fees are deemed uncollectible. The issue was identified as an unfunded mandate in last summer's interim study. The Judiciary Committee has not taken action on either bill.  

 

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Damage to roads and bridges became the main topic of discussion during a Transportation and Telecommunications Committee hearing on LB624. The bill would eliminate axle weight requirements for hauling certain ag products. Instead, only the gross weight would be used to determine whether a vehicle was overweight. NACO reminded senators of the interim study, LR528, which was conducted by former Transportation Committee Chair Senator Annette Dubas. NACO referred to the report's discussion of the alarming condition of many county bridges and the lack of funding options, other than property tax, to pay for critical infrastructure.

 

The committee also heard a proposal to begin collecting information that will eventually be used for a new motor vehicle titling and registration system that ties into drivers license records. LB642 would require the full legal name of persons registering or titling a vehicle and an identification document. The data would be used to integrate motor vehicle functions and lead to the availability of more motor vehicle services online.

 

Additionally, the committee heard LB53, which would allow motor vehicles without a way to attach a front license plate to use a single plate on the back of the vehicle. Vehicle owners would pay a $100 fee and place a sticker on their windshield. The committee has not taken action on these bills.

 

Next Monday, February 9, the committee will hear bills to create a mountain lion protection license plate (LB474) and repeal the motorcycle helmet law (LB31). On February 10, they will hear LB498, which would require dealers of all-terrain vehicles to collect sales taxes from purchasers. Legislation enacted last year shifted the responsibility to county treasurers.

 

 

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Although it has not been reported through the Legislature's official process, the Government, Military and Veterans Affairs Committee has voted to send a voter ID bill to the full Legislature for debate. LB111, which was introduced by Senator Tyson Larson, would require voters to provide government-issued photo identification before voting. The bill could appear on the agenda for first-round debate as early as next week.

The Government Committee heard testimony on several other election bills this week. LB224 would require election commissioners and county clerks to flag a 200 foot perimeter around the building housing a polling place and create a zone for yard signs. Senator Burke Harr, who introduced the bill, presented case law about the constitutional right to free speech by candidates, property owners, and persons on public property.

The committee also heard bills to expand all-mail elections (LB319) and to clarify provisions for registering to vote and voting early at the same time (LB514). Two bills to clean up and implement best practices in elections (LB575 and LB 578) were also heard on Thursday

On February 11, the committee will hear a bill from Senator Al Davis to alter mail-voting policies. Under LB403, if one precinct in a county votes by mail, the entire county must vote by mail.

 

 

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Upcoming Committee Hearings
Continued funding for preservation and modernization of records filed in the register of deeds office has been proposed by Senator Adam Morfeld on behalf of NACO. LB492 would remove a January 1, 2018 sunset on the fees. The Government, Military and Veterans Affairs hearing will be on Thursday, February 12 at 1:30 p.m.

The committee will also hear bill creating a matrix to assist counties in determining the placement of livestock operations and a state-level siting siting review board (LB106). In addition, LB105 would require the state to pay for costs of autopsies and grand juries related to deaths in state correctional facilities. Currently the county where the facility is located pays those costs.

The Judiciary Committee will hear the first of a series of prison reform bills on February 11. LB483 would revise provisions on indeterminate sentencing. LB172 would eliminate mandatory minimum sentences for certain felony offenses. LB173 would eliminate mandatory minimum sentences for habitual criminals.

On February 12, the committee will hear LB119, which would change where sentences could be served. The Judiciary Committee meets in Room 1113 of the State Capitol. Hearings begin at 1:30.

Committee Hearings Held This Week
Agriculture Committee
The Agriculture Committee heard LB128, a measure to repeal the Black-Tailed Prairie Dog Management Act. The Act authorizes counties to enact management plans to control the spread of prairie dogs from one parcel to another. Only Sheridan County has adopted a management plan.

 

Urban Affairs Committee   

LB295, as introduced, would require municipalities to have county approval before enforcing ordinances in their extraterritorial zoning jurisdiction.  During this week's hearing, the Urban Affairs Committee considered concepts related to an amendment that would require municipalities to give notices to counties, rather than requiring county approval.  LB266, which was discussed at the same hearing, was advanced by the committee and appears on Monday's legislative agenda for consideration.  The bill would amend various nuisance statutes to clarify existing authority for municipalities related to such authority.

  

 

Bills Advanced From General File 

This week the full Legislature debated and advanced several bills of interest to counties.   

• LB241 would allow cemeteries to bypass the register of deeds office in filing lots and plats.Often the original purchaser is not buried in the plot and the filing is confusing to genealogists. Senator John Stinner introduced the bill at NACO's request.

 

• LB260 would allow the Property Tax Administrator to correct errors on centrally-assessed property for three years. Counties already have this authority for assessments on other types of property.

 

• LB261 is a clean-up bill from the Department of Revenue that would eliminate obsolete statutory language about the transfer of assessment to the state, among other things.

 

• LB191 would allow county treasurers to issue a temporary motor vehicle title with a lien noted on it for out of state residents. The process is similar to that used in Iowa and is intended to protect the lender, car dealer, and purchaser while the transfer is made.

 

• LB122 would allow  utility-type vehicles to cross four-lane roads at intersections with a stop light. The appropriate county or city would have to grant permission.

 

• LB142 would place a fee on motorboat registrations to help fund a new Aquatic Invasive Species Program administered by the Game and Parks Commission.

    

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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.

Monday, February 9 

Transportation and Telecommunications Committee

Room 1113, 1:30 p.m.

• LB474 (Chambers) Provide for Mountain Lion Protection Plates and create a fund 

• LB31 (Bloomfield) Eliminate motorcycle and moped helmet requirements 

 

Tuesday, February 10

Agriculture Committee

Room 1524, 1:30 p.m.

• LB175 (Schilz) Adopt the Livestock Growth Act and change provisions of the Nebraska Advantage Rural Development Act

 

Transportation and Telecommunications Committee

Room 1113, 1:30 p.m.

• LB498 (Hadley) Change sales and use tax provisions relating to all-terrain vehicles and utility-type vehicles
• LB570 (Brasch) Change operation restrictions on golf car vehicle

 

Urban Affairs Committee

Room 1510, 1:30 p.m.

• LB197 (Scheer) Provide additional powers to certain sanitary and improvement districts

 

Wednesday February 11, 2015

Government, Military and Veterans Affairs Committee 

Room 1507, 1:30 p.m.

• LB282 (Baker) Change provisions relating to closed sessions for public bodies
• LB403 (Davis) Change requirements for elections by mail

 

Judiciary Committee

Room 1113, 1:30 p.m.

• LB483 (Pansing Brooks) Change provisions relating to indeterminate sentencing
• LB172 (Chambers) Eliminate certain mandatory minimum penalties
• LB173 (Chambers) change habitual criminal provisions

 

Thursday February 12, 2015

Government, Military and Veterans Affairs Committee

Room 1507, 1:30 p.m.

• LB105 (Watermeier) Change provisions relating to payment of fees and costs associated with deaths of incarcerated persons and grand juries
• LB106 (Watermeier) Adopt the Livestock Operation Siting and Expansion Act and change powers of counties relating to zoning
• LB492 (Morfeld ) Change provisions relating to fees charged by the register of deeds

 

Judiciary Committee

Room 1113, 1:30 p.m.

• LB290 (Coash) Eliminate certain notification requirements under the Sex Offender Registration Act and eliminate the offense of unlawful use of the Internet by a prohibited sex offender
• LB119 (Schumacher) Change where certain sentences of imprisonment may be served

 

Revenue Committee

Room 1524, 1:30 p.m.

• LB210 (Ebke) Change provisions relating to housing agencies and taxation of mixed-use developments
• LB277 (Harr) Change tax deed lien priority
• LB345 (Kolowski) Adopt the Property Tax Relief Act
• LB615 (Kintner) Provide a property tax exemption for homesteads of certain persons

 

February 13 and 16 - Legislature is in recess 

 

Tuesday, February 17

Banking, Commerce and Insurance Committee

Room 1507, 1:30 p.m.

• LB213 (Schumacher) Provide for withholding of insurance proceeds for demolition purposes

  

Transportation and Telecommunications Committee

Room 1113, 1:30 p.m.

• LB579 (Murante) Change traffic accident reporting requirements as prescribed and authorize a fee for a copy of a peace officer report

 

Wednesday, February 18

Government, Military and Veterans Affairs Committee

Room 1507, 1:30 p.m.

• LB214 (Schumacher) Provide for electronic signatures on initiative and referendum petitions
• LB577 (Murante) Permit counties to regulate peddlers, hawkers, and solicitors

Judiciary Committee

Room 1113, 1:30 p.m.

• LB113 (Larson) Provide a co-payment for correctional inmates' health care services
• LB425 (Riepe) Provide for earned time and discontinue the use of good time
• LB426 (Riepe) Provide for violent offenders and provide powers and duties for the Director of Correctional Services, the Parole Administrator, the Board of Parole, and parole officers
• LB545 (Harr) Provide for additional mandatory minimum sentencing as prescribed
   

Thursday, February 19

Revenue Committee

Room 1524, 1:30 p.m.

• LB230 (Mello) Change provisions relating to partition actions
• LB293 (Schnoor) Change valuation of agricultural land and horticultural land
• LB350 (Brasch) Change valuation of agricultural land and horticultural land
• LB384 (Lindstrom) Provide for reclassification of agricultural land and horticultural land

 

Friday, February 20

Judiciary Committee

Room 1113, 1:30 p.m.

• LB598 (Schumacher) Change and provide requirements regarding treatment and segregation of mentally ill prisoners
• LB592 (Bolz) Change provisions relating to corrections and parole and mentally ill offenders
• LB605 (Mello) Change classifications of penalties, punishments, probation and parole provisions, and provisions relating to criminal records and restitution and provide for a special legislative committee
• LB606 (Mello) Adopt the Office of Inspector General of the Nebraska Correctional System Act, change provisions relating to the Public Counsel, and mandate a declaration by the Governor of a correction system overcrowding emergency as prescribed

 

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