After three hours of debate on LB111, the voter ID bill, a motion to bracket the bill until June 5, 2015 was adopted. Senator Ernie Chambers offered the motion, which effectively kills the bill for this session. When debate on LB111 began on Monday, it was expected that a cloture vote would be necessary to end the debate after eight hours. Instead, 25 senators supported the bracket motion and debate on the bill ended.

 

 

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Agricultural and horticultural land would be valued at 65 percent, rather than 75 percent, of market value under two proposals heard by the Revenue Committee yesterday. LB293 and LB350 are intended to address the dramatic increase in valuations in agland.  

 

LB280 would also revise agland valuations for the school aid formula, but the adjustment would be made after assessors have certified values to the Property Tax Administrator. Senator Al Davis, the bill's introducer, sought an Attorney General's opinion about the constitutionality of the proposal. The opinion concluded that because increases in the valuation of agland outpaced increases in the value of other property in recent years, utilizing a different, lower percentage of agland valuation in the school aid formula is not arbitrary or unreasonable. The full text is available on page 525 of the Legislature's Daily Journal and a longer analysis appears in the February 20 edition of E-Line. The proposal, which was developed by the OpenSky Policy Institute, would reduce property taxes by shifting school funding toward income taxes.

    

A proposal backed by the Platte Institute would also provide property tax relief through $80 million in tax credits over the next two years. LB357 would gradually reduce income taxes. 

 

The committee also heard LB230 and LB384. Tax sales investors who bid down their interest could seek a partition action on tax deeds when a tax sales certificate was purchased for less than 100 percent of the interest under LB230. The court could order the distribution of proceeds to the certificate purchaser. An investor who testified in support of the bill said that other states have interpreted statutory language about bidders receiving an undivided interest in the property to mean a lien interest, not a percentage of ownership in the actual property. Senators questioned whether the Legislature has the authority to take away property rights.  

 

LB384 would provide for the reclassification of up to 30 acres of cropland as pasture or rangeland.    

  

Next Thursday, February 26, the committee will hear proposals to change the way rent-restricted housing projects are valued. LB356 would create a Rent-Restricted Housing Projects Valuation Committee to set a market-derived capitalization rate to be used by assessors in valuing these properties. Other bills would restore independent levy authority to certain fire protection districts (LB325) and clarify that certain collections are special assessments (LB361).  

 

On Friday, February 27, the committee will hear LB391 that would allow county treasurers to collect an additional one-half of one percent commission on motor vehicle sales taxes collected in excess of $3,000 per month. The commission would be offset by a reduction in the Highway Allocation Fund. A similar bill, LB74, remains in committee.

 

All hearings begin at 1:30 p.m. in the State Capitol in Room 1524.  

 

 

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Residents of counties of 20,000 or less could vote on whether elections for county offices should be nonpartisan. Under LB273, the county board could adopt a resolution or registered voters could file a petition to place the question on the ballot.The Government, Military and Veterans Affairs Committee will take testimony on LB273 on Wednesday, February 25 at 1:30 in Room 1507. The committee will also hear two proposals offered by Senator Bill Kintner to eliminate the ability to elect leaders of governing bodies by secret ballot. LB646 and LB649 were introduced in response to concerns that votes for legislative leadership are secret.

A different approach to nonpartisan county elections will be heard on Thursday, February 26. Senator Al Davis has introduced LB140 that would remove the party affiliation label from the ballot for county primary races in counties  under 10,000. Party affiliations would be listed on the general election ballot. A second bill by Senator Davis, LB202, would allow voters in the primary election to request the partisan ballot for all political offices except candidate's for delegates to that party's convention.

On Friday, February 27, the committee will hear LB308, which would allow 16 and 17 year olds to preregister to vote. County clerks and election commissioners would follow up when the young person turned 18. LB588 would require the Secretary of State, in conjunction with the Department of Motor Vehicles, to develop a process to request early voting ballots electronically. LB383 would provide for cross-county portability of voter registrations. LB491 would create a pilot project for election day voter registration. County clerks or election commissioners would have to apply to the Secretary of State to be a pilot county.

  

On Monday, debate will begin with LB10, a bill to eliminate the presidential elector system in Nebraska and switch to a "winner-take-all" method. Lengthy debate is expected.  

  

This week the Government Committee heard LB214, which would require the Secretary of State to provide a way for people to sign initiative and referendum petitions online. LB577 would expand county ordinance authority to allow regulation of peddlers, hawkers, and solicitors. Senators discussed which county office would issue the permits, whether there would be a permit fee, and whether there should be a distinction between groups such as Girl Scouts and out-of-state magazine sellers. LB166 would require campaigns to annually file a statement from a bank showing their account balance. An amendment was offered to clarify that this would be a balance statement, rather than a bank statement with account numbers and other personal information. LB400 would address the filing of campaign financial statements for candidates who file early. Currently candidates who file before January 1 must file a C1 statement for the year of filing and the year of the election. The committee has not taken action on these bills.  

 

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Inmates could be required to provide a $10 co-pay for self-initiated, non-emergency medical visits under a bill heard by the Judiciary Committee on Wednesday. Inmates with a legitimate medical need would be treated, regardless of their ability to provide a co-payment. NACO supported LB113 while acknowledging that in some counties, the cost for administering a co-pay program could offset any revenue generated from the program to help pay for inmate medical bills.

The committee also heard LB425 that 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. The bill was opposed by the ACLU and criminal defense attorney's association.

Next Thursday, February 26, the committee will hear bills on Community-based Juvenile Services Aid and guardians ad litem. LB13 would earmark 10 percent of the Community-based Juvenile Services Aid funds for the development of a common data system to assess the effectiveness of the program. LB15 would require guardians ad litem to take training prescribed by the Supreme Court. The bill addresses payment procedures and would require itemized billing statements to be submitted to the court.

The committee advanced LB173 which would amend habitual criminal provisions so that they only apply to violent offenses. A committee amendment incorporates provisions from LB172 that would eliminate mandatory minimums from sentences for Class 1C and 1D offenses.

 

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Committee Hearings Held This Week.

Banking, Commerce and Insurance Committee  

Insurance companies would retain $10,000 or 10 percent of the claim for a damaged home to help pay for the cleanup or removal costs, if necessary, under LB213. The bill is intended to provide funds to counties, cities, and villages that are stuck with demolition costs. Senator Paul Schumacher introduced similar legislation in 2013.     

 

The Legislature's standing committees voted this week to advance a number of bills to the full body for debate. Some bills of interest to counties are listed below.

 

• LB12 would provide for the suspension, rather than cancellation or termination, of Medicaid benefits for inmates.

• LB146 would provide for the disposition of cremated remains in veterans cemeteries.

• LB277 would provide that sanitary and improvement district special assessments survive the issuance of a treasurers tax deed when the special assessment had not been previously offered for sale by the county treasurer. This process was granted for the judicial foreclosure method in 2011.

• LB290 would eliminate certain notification requirements under the Sex Offender Registration Act that were found to be unconstitutional in 2012.

• LB505 would automatically seal court records when the case is dismissed by the court after the defendant is acquitted, and after the defendant completes a drug court program or other problem solving court program. A committee amendment would make technical changes, including changing a reference from an "offense" to a "case" as suggested by clerks of the district court.

Bills Advanced from Select File
Senators advanced bills from Select File on Thursday. Most advanced on a voice vote.

• LB88 would increase the fee for issuing a marriage license from $15 to $25 and the fee charged by the county for a certified copy of a marriage license from $5 to $9. Although the state charges $16 for the same document, opponents of the bill argued that the increase was too large based upon the rate of inflation since the last increase. Senator Kathy Campbell introduced the bill at NACO's request.

• LB241 would clarify that when a cemetery lot is conveyed by certificate, the certificate does not need to be recorded with the register of deeds. Senator John Stinner introduced the bill on behalf of NACO to clean up antiquated statutes.
• 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 adopted during General File debate to correct a drafting error.
• LB116 would allow certain sanitary and improvement districts to reduce the number of directors on their boards.
• LB142 would impose a fee on motorboat registrations and renewals to help fund an Aquatic Invasive Specie Program to fight non-native organisms that pose a significant threat to water resources or water supplies. 
• LB305 would allow a veterans aid fund to be used for transportation costs for veterans

 

Bills Passed on Final Reading

This morning senators took up a large group of bills on Final Reading. Some of the bills that they sent to the governor are listed below.

• County boards would be given more authority over the affairs of inactive townships under LB65. The county board would have continuing authority to construct and maintain township roads and perform other functions until the township board is reconstituted by a general election that fills the vacancies on the township board.
• Four retirement bills passed this morning. 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.
• LB220 would create Nebraska 150 Sesquicentennial license plates to commemorate the 150th year of Nebraska's statehood.

      

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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 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

Judiciary Committee
Room 1113, 1:30 p.m.

• LB307 (Kolowski) Change provisions relating to stalking and domestic abuse
• LB433(Baker)Create the offense of false presentation of proof of liability insurance and provide penalties
• LB612(Kintner) Change provisions relating to force in self-protection
• LB265(Campbell) Change provisions relating to juveniles and child welfare

 

Tuesday, March 3

Banking, Commerce and Insurance Committee

Room 1507, 1:30 p.m.

• LB67 (Schumacher) Provide for governmental unit bond priority

 

Transportation and Telecommunications Committee

Room 1113, 1:30 p.m.

• LB639 (Garrett) Provide authority for the Department of Roads to issue permits to control roadside vegetation as prescribed
• LB564 (Lindstrom) Change duties and obligations relating to the mowing of weeds along county roads
• LB623 (Nordquist) Provide for issuance of motor vehicle operators' licenses and state ID cards to persons with lawful status

 

Wednesday, March 4

Judiciary Committee

Room 1113 - 1:30 PM

• LB268 (Chambers)Change a penalty from death to life imprisonment without parole, eliminate a homicide report, and change provisions relating to murder in the first degree and restitution

 

Revenue Committee

Room 1524, 1:30 p.m.

• LB608 (Mello) Change revenue and taxation provisions

 

Thursday, March 5

Judiciary Committee

Room 1113, 1:30 p.m.

• LB327 (Williams) Change provisions relating to garnishment
• LB620 (Larson) Change provisions relating to lawsuits against public participation

 

Revenue Committee

Room 1524, 1:30 p.m.

• LB398 (Harr) Exempt all tangible personal property from property tax
• LB414 (Harr) Provide a property tax exemption for fraternal benefit societies
• LB424 (Davis) Change provisions relating to the nameplate capacity tax
• LB476 (Davis) Provide duties for county assessors and the Property Tax Administrator relating to tax-exempt real property

 

Friday, March 6

Judiciary Committee

Room 1113,1:30 p.m. 

• LB643(Garrett) Adopt the Cannabis Compassion and Care Act
• LB390(Crawford) Provide for the use of medical marijuana as prescribed
• LB326(Williams) Change provisions relating to marijuana, amphetamine, and methamphetamine

 

Revenue Committee

Room 1524, 1:30 p.m.

• LB438 (Morfeld) Change distribution of sales and use tax revenue and create and provide for a fund
• LB542 (Harr) Provide a sales tax exemption for purchases by county agricultural societies
• LB610 (Smith) Change motor fuel excise taxes

 

Monday, March 9

Business and Labor Committee

Room 2102, 1:30 p.m. 

• LB288(Ebke) Prohibit public employers from making certain deductions from wages

 

Transportation and Telecommunications Committee

Room 1113, 1:30 p.m.

• LB609 (Smith) Adopt the Nebraska Bridge Repair Act
• LB626 (Campbell) Create a fund and change motor vehicle fees and taxes and their distribution

 

Tuesday, March 10

Transportation and Telecommunications Committee

Room 1113, 1:30 p.m.

• LB535 (Smith) Provide the Public Service Commission with exclusive jurisdiction over depth requirements for underground oil and natural gas pipelines
• LB652 (Transportation and Telecommunications Committee) Adopt the 911 Emergency Services Communications Act

 

Appropriations Committee

Room 1524, 1:30 p.m.

• LB229 (Watermeier) Appropriate funds to the Supreme Court for court appointed special advocate state aid
• LB237 (Coash) Appropriate funds for correctional facilities
• LB654(Seiler) Appropriate funds to the Department of Correctional Services 

 

Wednesday, March 11

Judiciary Committee

Room 1113, 1:30 p.m.

• LB473 (Chambers) Eliminate the power of eminent domain for major pipelines

 

Natural Resources Committee

Room 1525, 1:30 p.m.

• LB512 (Stinner) Provide powers and duties to the Nebraska Oil and Gas Conservation Commission regarding certain wastewater and charge an assessment for certain costs

 

Thursday, March 12
Natural Resources Committee

Room 1525, 1:30 p.m. 

• LB634 (Garrett) Provide for issuance of permits under the Game Law to prisoners of war
• LB636 (Garrett) Provide for a discounted permit under the Game Law for deployed military members and spouses on leave
• LB637(Garrett)Provide for resident permits under the Game Law for spouses of military personnel as prescribed

 

Revenue Committee

Room 1524, 1:30 p.m. 

• LB574 (Davis) Adopt the Intangible Personal Property Tax Act

 

Appropriations Committee

Room 1003, 1:30 p.m.

• LB374 (Haar) Direct transfers from the State Recreation Road Fund

 

Wednesday, March 18

Revenue Committee 

Room 1524 - 1:30 PM

• LB587 (McCollister) Change the motor vehicle tax schedules
• LB613 (Kintner) Provide duties for the Department of Revenue and change income tax rates and the distribution of sales and use tax revenue

 

Thursday, March 19

Judiciary Committee

Room 1113, 1:30 p.m.

 

Friday, March 20

Judiciary Committee

Room 1113, 1:30 p.m.

• LB225 (Schnoor) Change provisions relating to unlawful possession of a firearm at a school
• LB340 (Brasch) Provide signage requirements and duties for the Nebraska State Patrol under the Concealed Handgun Permit Act
• LB635 (Garrett) Change where a permitholder may carry a concealed handgun under the Concealed Handgun Permit Act
• LB638 (Garrett) Change permit expiration provisions for members of the armed forces or their spouses under the Concealed Handgun Permit Act

 

 

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