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February 27, 2015                                                                        Legislative Report Archive 

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oneOne-Third of Session Completed

Today marked the 35th day of the 2015 legislative session. Three weeks of committee hearings remain before debate moves to full days on March 20.  

 

The Speaker began accepting priority bill designations this week. Senator Dave Bloomfield has selected LB31, which would eliminate motorcycle helmet requirements. Senator Roy Baker has selected LB431, which would increase the dollar amount triggering bidding on school construction projects. March 12 is the deadline to designate committee and senator priority bills. Requests for bills to be considered as speaker priority bills must be made by March 11.

 

The Nebraska Economic Forecasting Advisory Board met today to develop estimates of state revenue that will affect decisions made later in the session. In the meantime, the Appropriations Committee has begun holding public hearings on state agency budgets and bills that would require funding. The committee has until the 70th day in a long session to advance budget bills on General File.

 

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 bridgeBridge Funding Bills Set for Hearings

Two mechanisms to raise funds for road and bridge repair will be heard in coming weeks. LB610 would gradually increase the state's gas tax from 7.5 cents to 9.5 cents in 2019. The funds would be divided equally among the state, counties and cities. The Revenue Committee will hear LB610 on Friday, March 6 at 1:30 p.m. in Room 1524 of the State Capitol.

 

LB626 would increase motor vehicle taxes and registration fees and transfer state funds to a new bridge fund. The bill will be heard by the Transportation and Telecommunications Committee on Monday, March 9.

 

At the same hearing, the committee will take testimony on LB609 which would adopt the Nebraska Bridge Repair Act. Counties could submit a list of bridges needing repair or replacement to a commission. The commission would bundle similar projects together and enter into design-build contracts for the projects. Counties could choose not to include bridges in the packages.

 

The three bills are the results of last summer's Transportation Committee study on the condition of county bridges. Former Transportation Committee Chair Annette Dubas introduced the report at NACO's annual conference in December.

 

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aglandvalMotor Vehicle Sales Tax Collection Fee Bill Heard

The second of two bills to reinstate the collection fee on motor vehicle sales taxes was heard by the Revenue Committee this week. LB391 was introduced by Senator Sue Crawford to restore the half-cent commission on sales tax collections over $3,000 per month. Prior to 2002, counties received this commission in addition to the 2.5 percent commission on the first $3,000 of motor vehicle sales tax collections. Previously the committee heard LB74 by Senator Paul Schumacher. While both bills would result in increased general fund dollars, there would be a reduction in the Highway Trust Fund.

 

LB386 would also reduce the Highway Trust Fund. Eliminating the sales and use tax exemption for depreciable agricultural machinery and equipment used in commercial agriculture would have a $1.59 million impact on counties and cities.

 

The Revenue Committee also heard a bill to change a penalty for unpaid corporate taxes from a Class IV felony to a Class IV misdemeanor if the amount of tax due is less than $1,000. In response to input from county treasurers that the penalty is outdated, an amendment has been drafted to LB408 to repeal the pertinent section of statute.

 

Amendments may be pending for LB356, which would change the process for valuing rent-restricted housing projects. As written, the bill 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. NACO and county assessors testified in opposition to the bill. An amendment may be offered to codify the income approach language used in the Department of Revenue's regulations for setting the cap rate and valuation of these properties.

 

Other bills heard by the committee would restore independent levy authority to certain fire protection districts (LB325), clarify that certain collections are special assessments (LB361), and eliminate motor vehicle taxes on the seller for the month a vehicle is sold in a private transaction (LB453).  

 

Next week the committee will hear bills on tax exemptions. LB398 would exempt all tangible personal property from property tax, effective January 1, 2017. LB414 would create a tax exemption for fraternal benefit societies. LB424 would exempt certain tangible personal property used in the generation of solar, biomass, or landfill gas and extend the excise tax to those items. LB476 would require assessors to list and determine the estimated market value for all exempt real property. The bills will be heard on Thursday, March 5.

 

On Wednesday, March 4, the committee will hear LB608, which would exempt certain tangible personal property held in a workforce development zone.

           

 

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electhrgGovernment Committee Hears Election Bills

Nonpartisan county elections, hybrid open primaries, and pre-registration for 16 year olds were among the issues discussed by the Government, Military and Veterans Affairs Committee this week.

 

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. Under LB140, the party affiliation would be removed from county primary races in counties under 10,000 but would be listed on the general election ballot. NACO testified neutral on both bills.

 

LB202 would allow voters in the primary election to request a partisan ballot for all political offices except candidates for delegates to that party's convention. Last year the Democratic party chose to open their primary ballot to unaffiliated voters. Several unaffiliated voters testified that all voters should have greater access to candidates in the primary.

 

LB308 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. The Secretary of State would design and implement a process for preregistration.

 

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. The Secretary of State's office testified that it would be best to finish implementing the online voter registration system and fully research online early voting requests before undertaking the project.

 

LB383 would allow voters who move to a different county to vote provisionally if they have not updated their voter registration.

 

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.

 

Election issues will be the first item on Monday's agenda when the filibuster continues on LB10, the winner-take-all electoral college bill.

   

 

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 issuesSnapshots of County Issues
Committee Hearings Held This Week.
Nebraska Retirement Systems Committee
A new Local Government Employees Retirement Plan would be created by LB551, which was heard by the Retirement Committee. The plan would be similar to the cash balance plan used by counties. The bill was introduced to begin the discussion about retirement needs for political subdivisions. An interim study of this issue is likely.

Health and Human Services Committee
A Medicaid Redesign Task Force would examine methods of increasing efficiencies and better serving all Nebraskans as part of LB472. The bill would also provide Medicaid coverage to a newly-eligible population of adults. The Health and Human Services Committee heard the bill this week but took no action on it. County officials testified in support of the bill.

Judiciary Committee
The Judiciary Committee heard bills this week about juveniles including adding duties for guardians ad litem (LB15) and development of a database to evaluate the use of Community-based Juvenile Services Aid program (LB13).
    

 

Bills Reported Out of Committee 
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.

  • LB498 would revise the process for collecting sales tax on all-terrain vehicles. A committee amendment would enact an $8 registration fee with $7 being retained by the county.
  • LB474 would create mountain lion conservation license plates.
  • LB642 would require additional information on forms for motor vehicle titles and registrations.
 

Bills Signed by Governor Ricketts 

Governor Ricketts signed several bills of interest to counties today. 

 
  • 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.The bill carries an emergency clause and takes effect immediately.
  • LB220 would create Nebraska 150 Sesquicentennial license plates to commemorate the 150th year of Nebraska's statehood.
  • LB95 would provide for the regulation and operation of electric-powered bicycles.

      

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snaphearingsSelected Hearings
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.

 

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

 

Banking, Commerce and Insurance Committee

Room 1507, 1:30 p.m.

  • LB341 (Howard) Provide requirements relating to health benefit plan coverage for insured in jail custody

 

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

 

Appropriations Committee

Room 1003, 1;30 p.m.

  • LB633 (Stinner) Appropriate funds for state aid to municipalities and counties

 

Thursday, March 19

Judiciary Committee

Room 1113, 1:30 p.m.

  • LB30 (McCoy) Prohibit disclosure of any applicant or permitholder information regarding firearms registration, possession, sale, or use as prescribed
  • LB14 (Krist) Create the offense of use of a facsimile firearm or nonfunctioning firearm to commit a felony
  • LB603 (Bloomfield) Provide for processing and certification of federal firearms forms as prescribed

 

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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