County boards would use a matrix developed by the Nebraska Department of Agriculture to help determine whether to approve an application for a livestock operation under LB106. The matrix would consider factors in an application ranging from the size and type of the livestock facility to manure management and the impact on local communities. The bill would also form a State Livestock Siting Review Panel similar to the Tax Equalization and Review Commission.

 

In nearly a two-hour hearing on Thursday, the Government, Military and Veterans Affairs Committee considered the merits of LB 106. NACO appeared in support of the bill following a summer-long series of meetings with county board members, zoning officials and livestock representatives.

 

Earlier in the week, the Agriculture Committee considered LB175 that would adopt the Livestock Growth Act. Included within the legislation are provisions that would enable counties that have been designated livestock friendly through the Department of Agriculture to apply for grants to assist with livestock planning. Additional provisions would assist in obtaining revenue for infrastructure impacted by livestock, such as bridges. At this time, there are 29 counties that have been designated livestock friendly with an additional 4 to 5 considering requesting such a designation.

 

 

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"Prop 13 for 67 year olds" was the description of a bill heard by the Revenue Committee yesterday. Like the California proposal, LB615 would freeze valuations at a specified time. Under LB615, the value would be capped at an amount equal to the year the owner turned 67. Introducer Senator Bill Kintner said the bill was based on a program in Arkansas and was intended to help senior citizens stay in their homes.

 

All property owners would be eligible for an $8,000 break in their valuation under LB345. The bill, which is identical to one introduced last year, would require property owners to apply for the reduction in the first year and require assessors to track eligibility in future years. The application would be similar to a homestead exemption application and, like the homestead exemption, the state would reimburse counties for property taxes lost. Assessors testified that the volume of applications would require additional staff to process. Platte County estimated that they would receive 9,000 applications. Douglas County would receive approximately 140,000 applications and Lancaster County would receive 70,000.

 

LB210 would define the market rate in mixed-income developments. It was intended to address issues involving the Lincoln Housing Authority.

 

Finally, the committee heard LB277 which would clarify that special assessments in sanitary and improvements districts survive the issuance of a tax deed. Legislation adopted in 2011 authorized the special assessments to survive the judicial foreclosure method of obtaining title after taxes are delinquent, but the tax deed sections were omitted at that time.

 

Next Wednesday the committee will hear LB280, a bill introduced by Senator Al Davis on behalf of the OpenSky Policy Institute to reduce property taxes and protect funding for K-12 schools. Among the concepts in the bill are a reduction in agland valuation from 75 to 65 percent of value and changes in certain aid and resource components in the school aid formula.   

 

On Thursday, the committee will hear two other bills to decrease the valuation of agland from 75 to 65 percent of value (LB293 and LB350) and provide for reclassification of up to 30 acres of cropland as pasture or rangeland (LB384). LB230 would provide for partition actions on tax deeds when a tax sales certificate was purchased for less than 100 percent of the interest. The court could order the distribution of proceeds to the certificate purchaser.  

 

On Friday, February 23, the committee will hear LB256 that would increase the sales tax rate from 5.5 to 6 percent with the increased collections going to the Property Tax Credit Cash Fund. A second bill, LB200, would provide additional sales tax dollars to the Fund if Congress expands state authority to require out-of-state retailers to collect sales tax. All hearings begin at 1:30 p.m. in the State Capitol.  

 

 

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County officials testified in support of LB492, a bill to eliminate the January 1, 2018 sunset on fees collected in registers of deeds offices for preservation and modernization of records. Since the fees were enacted in 2012, more than $2.6 million has been collected and used for microfilming and digitizing records, providing electronic access to records, and repairing old records. Some counties have accumulated funds for large projects, such as a new land records management system.

 

The Government, Military and Veterans Affairs Committee also heard LB319, a bill that would require precincts voting by mail to also have a polling place. Ballots for federal races, constitutional officers, and ballot issues would be voted by mail in precincts approved for a mail election by the Secretary of State. Voters would go to their polling place on election day to vote for local races and the legislature. Senator Al Davis introduced the bill to address what were characterized as unintentional inequities in the voter turnout between all-mail precincts and walk-in precincts. He acknowledged that the bill should not advance in its current state and offered options including all mail elections in all counties. Secretary of State John Gale and NACO testified in opposition to the bill as introduced.

 

The committee also heard LB282 to protect the confidentiality of non-finalist candidates for public positions. Members of the media testified against the bill. The Nebraska Association of School Boards testified in support of the bill.

 

Next week the committee will hear LB214, which would require the Secretary of State to provide a way for people to sign initiative and referendum petitions online. Also on Wednesday, February 18, they will hear LB577 which would expand county ordinance authority to allow regulation of peddlers, hawkers, and solicitors through ordinances. On February 20, LB465, which adopts the Electronic Notary Public Act, will be heard.

 

 

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Mandatory minimums, habitual criminals, and indeterminate sentences were the focus of Judiciary Committee hearings on Wednesday.

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. County attorneys and public defenders testified on the bills.  

 

On Thursday, the committee heard LB119, which would change where sentences could be served. The fiscal note submitted by the Department of Corrections estimated a $377,572 savings to the state by moving the threshold at which sentences are served in county jails. Lancaster and Douglas counties estimated their inmate counts would increase by as much as 59 inmates per day and cost $1.7 million or more.    

 

On Wednesday, February 18, the committee will hear LB113 to require a $10 or more co-pay from inmates initiating non-emergency health care services. LB425 would replace good time with earned time. LB426 would require electronic monitoring for at least 90 days when inmates convicted of violent offenses are released on parole or furlough. LB545 would provide that mandatory minimum sentences are served consecutively and not concurrently.

On Friday, February 20, the committee will hear bills based on prison reform recommendations from the Justice Reinvestment study by the Council of State Governments. LB598 would limit the segregation of mentally ill inmates. LB592 would provide for more evaluation and monitoring of inmates with mental-health issues. LB605 would require a period of supervised release for inmates, improve training for parole officers, and provide for a special legislative committee. LB606 would adopt the Office of Inspector General of the Nebraska Correctional System Act in an effort to improve accountability within the Department of Corrections. All hearings begin at 1:30 p.m. in Room 1113 of the State Capitol.

 

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Committee Hearings Held This Week

The Transportation and Telecommunications Committee heard LB498, a bill to revise the sales tax collection process for all-terrain vehicles (ATV)and utility-type vehicles (UTV). Last year LB814 caused county treasurers to collect the sales tax. An amendment was offered at the hearing that would replace the bill as introduced. Instead, it would return the responsibility for tax collection to dealers of these vehicles. All ATVs and UTVs would be registered for a one-time $8 fee. Titling has been required since 2004.

 

The committee also heard LB570, which would give counties and cities the authority regulate golf car usage on streets or roads.

 

    

Bills Advanced From General File 

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

• LB128 would repeal the Black-Tailed Prairie Dog Management Act. Legislation adopted six years ago would allow counties to adopt policies requiring landowners to control prairie dogs.

 

• LB139 would make changes to the Real Property Appraiser Act. A committee amendment would remove some of the proposed language affecting persons performing mass appraisal. At its February meeting, the Real Property Appraiser Board will consider changing their policy regarding who is considered an employee. 

 

• LB266 would allow nuisance enforcement authority within the extraterritorial jurisdiction of cites. The issue was raised during last summer's interim study, LR555. An amendment was offered to correct a drafting error.

 

• LB116 would allow certain sanitary and improvement districts to reduce the number of directors on their boards.

 

Bills Advanced from Select File

County boards would be given more authority over the affairs of inactive townships under LB65. The Legislature adopted an emergency clause and advanced the bill from the second round of debate on Wednesday.  

 

Four retirement bills were advanced from Select File. LB40 would increase the powers of the Nebraska Public Employees Retirement System to compel the production of evidence in investigations. LB41 would increase the size of counties that can participate in the state-administered plan from 200,000 to 250,000 to allow Sarpy County to continue to participate in the plan as its population increases. LB42 would change the date for underfunded pension plans to file a report. LB126 would revise contribution and population references related to the Lancaster County retirement plan.  

 

 

 

Bills Indefinitely Postponed

The Judiciary Committee killed a bill to eliminate county responsibility for paying uncollectible court costs. LB651 would have provided that counties would not be responsible for $17 in fees for judges retirement, grants for civil legal service through the Commission on Public Advocacy, and payments for JUSTICE, the state's electronic case management system. 

 

    

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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.

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

 

Government, Military and Veterans Affairs Committee

Room 1507, 1:30 p.m.

• LB166 (Crawford) Change filing and enforcement provisions of the Nebraska Political Accountability and Disclosure Act
• LB400 (Smith) Change filing requirements for statements of financial interest
   

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

Government, Military and Veterans Affairs Committee

Room 1507, 1:30 p.m.

• LB465 (Harr) Adopt the Electronic Notary Public Act
• LB479 (Bloomfield) Change provisions relating to memorials to veterans

Revenue Committee

Room 1524, 1:30 p.m.

• LB200 (Davis) Change the distribution of sales and use tax revenue and provide duties for the Department of Revenue
• LB256 (Bloomfield) Change the sales tax rate and the distribution of sales tax revenue

 

Monday, February 23

Appropriations Committee

Room 1524, 1:30 p.m.

• LB32 (Mello) Require the Department of Correctional Services to submit strategic plans as part of its budget request and progress reports

 

Tuesday, February 24

Agriculture Committee

Room 2102, 1:30 p.m.

• LB544 (Harr) Adopt the Community Gardens Act
• LB393 (Schilz) Change provisions of the Livestock Animal Welfare Act
   

Nebraska Retirement Systems Committee

Room 1525, 12:00 p.m.

• LB551 (Nordquist) Adopt the Local Government Employees Retirement Act

Transportation and Telecommunications Committee

Room 1113, 1:30 p.m.

• LB192 (Davis) Require a train crew of at least two individuals

 

Urban Affairs Committee

Room 1510, 1:30 p.m.

• LB596 (Davis) Change the Community Development Law and create the Tax-increment Financing Division of the Auditor of Public Accounts
• LB238 (Groene) Change provisions relating to tax-increment financing under the Community Development Law
• LB445 (Groene) Authorize audits of redevelopment plans that use tax-increment financing

Wednesday, February 25

Government, Military and Veterans Affairs Committee

Room 1507, 1:30 p.m.

• LB646 (Kintner) Eliminate provisions for secret ballots for leadership under the Open Meetings Act
• LB649 (Kintner) Require all votes taken by public officials to be a public record as prescribed
• LB273 (Sullivan) Authorize voters to decide partisan status of county offices
   

Judiciary Committee

Room 1113, 1:30 p.m.

• LB25 (Krist) Change court jurisdiction relating to 17 year olds and young adults
• LB212 (Chambers ) Prohibit use of restraints in juvenile courts as prescribed
• LB482 (Krist) Change provisions relating to juveniles

Health and Human Services Committee
Room 1510, 1:30 p.m.

• LB472 (Campbell) Adopt the Medicaid Redesign Act

Thursday, February 26

Government, Military and Veterans Affairs Committee

Room 1507, 1:30 p.m.

• LB462 (Seiler ) Change restrictions on campaigning by public officials and public employees
• LB140 (Davis ) Provide for primary elections for partisan county offices without party affiliation in counties with less than 10,000 population
• LB202 (Davis) Provide for partisan ballots for unaffiliated voters at primary elections
   

Judiciary Committee

Room 1113, 1:30 p.m.

• LB566 (Coash ) Change provisions of the Indian Child Welfare Act
• LB13 (Krist) Change Community-based Juvenile Services Aid Program provisions
• LB15 (Krist) Provide additional powers and duties for guardians ad litem
• LB347 (Krist) Expand the jurisdiction of the Inspector General to the juvenile justice system
• LB502 (Krist) State intent to establish a family court pilot project

 

Revenue Committee

Room 1524, 1:30 p.m.

• LB325 (Davis) Change levy provisions for rural and suburban fire protection districts
• LB356 (Harr) Change provisions relating to the assessment of certain rent-restricted housing projects
• LB361 (Harr) Clarify that certain assessments levied as prescribed are levied and collected as special assessments

Friday, February 27

Appropriations Committee

Room 1003, 1:30 p.m.

• LB309 (Davis) Appropriate additional funds to the Property Tax Credit Cash Fund
• LB364 (Watermeier) Provide for transfers to the Property Tax Credit Cash Fund and appropriations
• LB387 (Schnoor) Transfer funds from the Cash Reserve Fund to the Property Tax Credit Cash Fund
• LB442 (Bolz) Appropriate additional funds to the Property Tax Credit Cash Fund

 

Government, Military and Veterans Affairs Committee

Room 1507, 1:30 p.m.

• LB308 (Kolowski ) Provide for preregistration to vote
• LB588 (Pansing Brooks) Provide for electronic application for ballots to vote early by mail
• LB383 (Hansen) Permit registered voters moving within Nebraska without re-registering to vote provisionally
• LB491 (Morfeld) Provide for an election day voter registration pilot project
   

Revenue Committee

Room 1524, 1:30 p.m.

• LB386 (Watermeier )Change a sales tax exemption for agricultural machinery and equipment
• LB391 (Crawford) Change sales tax collection fees for motor vehicles
• LB428 (Garrett) Provide an exemption from motor vehicle taxation for certain veterans
• LB453 (Hilkemann) Change provisions relating to motor vehicle taxes

 

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