LB894, a comprehensive juvenile justice-related bill, advanced from Select File to Final Reading on Tuesday. Considerable debate focused upon original provisions of the bill that would require the appointment of an attorney in juvenile cases. As introduced, LB894 would require counsel to be appointed for juveniles after a juvenile petition is filed but before the juvenile appears before the court. The costs for additional public defender services for juveniles would vary among counties. Some county representatives expressed concern that costs would be significant, while others indicated that court efficiencies would be realized thus costs could be reduced. Other provisions of the bill prohibit juveniles under age 14 from waiving their right to counsel.

During Select File debate, AM2700 was adopted to maintain the status quo for attorney appointments in counties with populations of less than 150,000. For counties with populations of 150,000 or more, when any juvenile court petition is filed alleging jurisdiction of a juvenile, counsel would be appointed for the juvenile. The court would be required to inform the juvenile and his or her parent or guardian of the juvenile's right to counsel at county expense if they are unable to afford counsel. If the juvenile or his or her parent or guardian desires to have counsel appointed for the juvenile, or the parent or guardian of such juvenile cannot be located, and the court ascertains that none of the persons are able to afford an attorney, the court would be required to appoint an attorney to represent the juvenile for all proceedings before the juvenile court. If an attorney is appointed to represent the juvenile and the court later determines that the juvenile's parent is able to afford an attorney, the court would order the parent or juvenile to pay for services of the attorney. If the parent willfully refuses to pay, he or she could be committed for contempt.

 

LB894 also contains provisions from several bills were included within a committee amendment adopted on General File. Language from LB709 would replace the classification in current law of juvenile programs and facilities that are considered secure detention and nonsecure detention with a new classification of detention and alternatives to detention. This provision would also establish additional court review of the use of these programs and facilities. Provisions from LB845 would create documentation and reporting requirements related to the use of room confinement of juveniles. Language from LB893 would create a minimum age of 11 years in juvenile court delinquency and status offense cases and would add an effective date of July 1, 2017 for this change.

 

A separate bill addressing housing of adult inmates, LB910, was also debated on Tuesday but did not advance from Select File because a cloture motion was unsuccessful and debate ended. As introduced, the bill would make changes to the role of the Inspector General of the Nebraska Correctional System and add details to the Office of Parole Administration's transition from the Department of Corrections. In response to an amendment adopted on General File to lift the ban on convicted drug offenders receiving food stamps, an amendment was offered during Select File debate to require periodic drug testing or treatment for felons convicted of possession or use of a controlled substance in order to be eligible for food stamps. The amendment and a motion to reconsider the vote failed. Another amendment was offered that would allow inmates held more than 90 days in restrictive housing to seek a review of the placement decision. Time ran out and the cloture motion was offered before a vote was taken on the amendment.

Because some of the original concepts in LB894 need to pass this year, senators pulled the Inspector General and Parole Administration language from LB894 and amended it into LB1094 on Wednesday. The amended language would also require additional reporting on inmates with mental and behavioral health needs who are placed in solitary confinement.  As introduced, LB1094 was categorized as a clean-up of last year's LB605 on prison overcrowding.It is intended to address unintended consequences, oversights, and inconsistent penalties created in LB605. An interim study resolution, LR527, has been offered to continue the examination of sentencing reform, especially mandatory minimum sentences.

On Monday senators debated and advanced another bill that had been heard by the Judiciary Committee. LB843 would provide immunity from prosecution for prostitution for victims of human trafficking. An amendment was adopted that would allow a person who is charged with prostitution to file a motion to dismiss the charges if he or she is a victim of human trafficking. LB843 was introduced and prioritized by Senator Patty Pansing Brooks. It advanced to Final Reading.

 

A Government, Military and Veterans Affairs Committee amendment to LB874 to allow ballot selfies generated concerns about privacy during General File debate this week. Senator Paul Schumacher and others questioned whether alternatives could be used by persons who want to post pictures of their marked ballot on social media that would protect themselves and other voters while maintaining First Amendment rights. The language allowing voters to voluntarily photograph their ballot after it is marked and reveal the photograph was introduced as LB787 and became part of the committee amendment to LB874. Other bills included in the amendment would allow the display of yard signs on private property within 200 feet of a polling place or building designated as a place for voters to cast ballots, subject to local ordinance. The property could not be under common ownership with the property on which the polling place or building is located (LB741). Language from LB682 would move the deadline for a voter to request a ballot by mail and moves the earliest date to send mail ballots. LB879 would harmonize signature requirements for placing a candidate's name on a partisan ballot through a petition process at the general election. The committee amendment was adopted and the bill advanced to Select File. LB874 is a Government Committee priority bill.

 

Senators advanced a number of other priority bills from General File this week. They include the following:

 

LB935 would impose a penalty on governing bodies that fail to provide the State Auditor with requested information regarding interlocal and joint public agency agreements. As introduced, $500 would be withheld from the next state aid payment to a noncompliant governmental entity that is 30 days past the December 31 deadline to submit the information. A committee amendment would change the reporting date to August 1 and change the penalty to $20 daily, up to a maximum of $2,000 per delinquency. A section of the committee amendment taken from LB1099 would change the expense reimbursement process for state employees from an itemization method to a per diem basis. LB935 is a Government Committee priority bill.

 

LB742 would update references to population thresholds that primarily affect Lancaster County. It is estimated that Lancaster County will exceed 300,000 in the 2020 census. The bill is not intended to change county practices but to adjust references that trigger automatic changes in county structure or operation.

 

LB465 would adopt the Electronic Notary Public Act. The bill is modeled after North Carolina language that sets out a registration process with the Secretary of State for persons who wish to electronically notarize documents. LB465 and LB742 appear on the Legislature's agenda for debate after 4:00 p.m. on Tuesday.

 

LB1110 would adopt the Nebraska Workforce Innovation and Opportunity Act to reflect new federal legislation adopted last summer.

 

 

Senators advanced 56 bills from the second round of debate through a consent calendar process this week.Some of the bills that affect counties are listed below.

 

Counties could have more access to funds during the period between July 1 and the adoption of the budget on September 20 under LB784. The bill would harmonize conflicting sections in the Nebraska Budget Act and the County Budget Act. Both Acts limit expenditures to a proportion of the budgeted amount during this period but the Nebraska Budget Act also allows the governing body to approve additional expenditures from the budgeted funds upon a showing of necessity. LB784 would add this language to the County Budget Act. The bill does not increase budgets or taxes but allows expenditures to be made at the most beneficial time for the county. For example, counties could use more budgeted road funds in July and August, which is the optimal time for road projects. Senator Curt Friesen introduced the bill on behalf of NACO.

A bill to exempt utility easements from requirements to file a real estate transfer statement (Form 521), was also advanced from Select File. Senator Paul Schumacher introduced LB725 to clear up questions about when the forms are needed. A committee amendment was adopted on General File that rewrote the bill to exempt all easements from filing requirements except certain conservation and preservation easements.

 

LB731 would update the Nebraska Real Property Appraiser Act to comply with the Uniform Standards of Professional Appraisal Practice (USPAP) and federal licensing requirements.

 

LB814 would remove the mileage requirement from school driving permit applications for residents living outside of a city of the metropolitan, primary or first class. Existing law requires applicants to live at least 1.5 miles from the school attended.

 

LB875 would require county planning and public works departments to review planned unit developments located on property outside of the corporate boundaries of a second class city or village before approval of the development is approved. This requirement would apply to cities or villages of the second class that are located in whole or part within the boundaries of a county with a population between 100,000 and 200,000 that has adopted a comprehensive development plan and is enforcing subdivision regulations.

 

LB881 would expand the use of energy financing contracts for participating governmental units. Such contracts provide for cost recovery through utility and operation and maintenance savings.

 

LB877 as advanced would require materials on proposed subdivisions plats or public streets or improvements that are filed with a municipality to also be provided to the county planning commission if the plat lies within the extraterritorial jurisdiction being exercised by the municipality. The commission could officially comment on the appropriateness of the design and improvements proposed in the plat. The bill would apply to counties between 100,000 and 250,000.

 

LB1010 would remove the requirement for an affidavit when a petition is filed in juvenile court. Instead, the written petition would need to be signed by the county attorney. The change would allow direct e-filing of an original document without having it notarized or sworn by a clerk of the court.

 

LB783, as amended on General File, would allow permanent public power district license plates to be issued for public power districts with a gross annual revenue of at least $40 million, as determined by the Nebraska Power Review Board. The plates would be issued by the county in which the district is headquartered.

After adopting the state budget, senators spent most of Thursday morning passing bills on Final Reading. Selected bills of interest to counties include:

  

LB704 makes clarifying and harmonizing changes to building code statutes for counties and municipalities. For example, the bill would require counties and cities that adopt building, construction, plumbing, electrical or other codes to keep at least one copy of the code for use and examination by the public prior to the adoption of the code and as long as the standard code is in effect. Existing law only requires the code to be on file until its adoption. On Select File an amendment was adopted to incorporate the language of LB705 that updates multiple statutes for cities of the first class.

LB83 would amend Nebraska's Equal Pay Act to apply to all employers with two or more employees. Existing law sets the number of employees at 15. The Act prohibits wage discrimination on the basis of sex.

 

LB710 would redefine the offense of hazing to apply to students of high school age and younger.

 

LB906 would authorize a 30 percent tuition waiver for law enforcement officers who pursue studies leading to a degree that relates to a career in law enforcement from an associate or baccalaureate degree program from a Nebraska community college, state college, or state university. An officer would have to maintain satisfactory performance with his or her law enforcement agency as verified by a superior officer in the agency. An officer would have to work for more than 100 hours per year and be authorized to make arrests.

 

LB1009 would create a penalty for the sale of lookalike drugs, such a K2, that are portrayed as producing effects similar to those of a controlled substance.

 

LB1082 would require counties, cities, villages, and natural resources districts to be given notice and copies of Class II commercial underground injection well permit applications. The bill was introduced in response to concerns last year about fracking and the regulatory authority of the Nebraska Oil and Gas Conservation Commission.

 

Daily Legislative Activities
Senators began the week by advancing this year's budget bills, LB956 and LB957, from Select File and ended the week by passing the bills on Final Reading. The budget bills contain a $27 million appropriation for prison reform and $13.7 million for levee improvements near Offutt Air Force Base, as well as regular spending adjustments for the second half of the biennium. The Appropriations Committee's budget recommendations are available here. The state's budget status is updated each day to show the impact of pending bills.