Two property tax relief bills introduced on behalf of Governor Pete Ricketts were debated and advanced to the final round of debate this week. On Wednesday, cloture votes were needed to conclude debate on LB959 and LB1067, the education funding component of the package and a learning community funding measure. On Thursday, LB958, the agricultural property tax credit bill, advanced after less than 45 minutes of debate.

 

As advanced from Select File, LB958 would grant $20 million in property tax credits to agricultural and horticultural lands. Beginning with tax year 2017, the Property Tax Administrator would determine the amount to be distributed to each county based on a ratio of the credit allocation valuation of the county compared to the credit allocation valuation in the state. The credit allocation valuation is defined as the taxable value for all real property except agricultural and horticultural land, 120 percent of taxable value for agricultural and horticultural land not subject to special valuation, and 120 percent of taxable value for agricultural and horticultural land that is subject to special valuation. Like the existing tax credit, which remains unchanged, county treasurers would calculate the distribution for each parcel. The total appropriation for both tax credits would be $224 million.

 

As promised during General File debate, Senator Mike Gloor, Chair of the Revenue Committee, offered an amendment to strike language from LB958 that would have limited community college levies. The amendment was adopted.Later, Senator Al Davis offered an amendment that would have reduced their maximum levy by one cent. He argued that community college levies had increased faster than the levies of other taxing entities. The amendment failed and the bill advanced.

 

Debate on the education funding piece of the property tax relief package was more contentious. Senator Ernie Chambers led a filibuster of LB959. As it eventually advanced from Select File, the bill would increase state aid to schools by more than $8 million. It would eliminate laws reducing state aid to schools levying less than 95 cents. The bill would also limit levies on special funds used for health, safety, and accessibility problems in schools. As originally introduced, LB959 would have tightened school budget and levy limits. LB959 appears on Tuesday's Final Reading agenda.

 

A cloture motion was also required to get to a vote on whether to retain the common levy for schools in Omaha's Learning Community. LB1067, as advanced from Select File, would preserve the Learning Community structure but revise funding mechanisms, including elimination of a common levy that redistributed funding across the Omaha area.

On Thursday afternoon the Legislature passed a handful of bills, including measures to allow ballot selfies and to require the development of model policies for body cameras worn by law enforcement officers.

 

LB874 would allow voters to voluntarily photograph their ballot after it is marked and reveal the photograph. These "ballot selfies" are often posted on social media. Existing law prohibits voters from showing their marked ballots to another person in a way that reveals the contents or the name of the candidates selected by the voter. Other provisions of LB874 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. Other sections of the bill address dates to mail ballots and procedures to petition on to the general election ballot. The date changes would take effect on June 1, 2016 and the rest of the bill would take effect three calendar months after the Legislature adjourns on April 20.

 

LB1000 would require the Crime Commission to develop model policies on the use of body-worn cameras by law enforcement agencies. Agencies would have to either adopt the model policies or develop their own. Law enforcement agencies would also be required to adopt written policies on eyewitness suspect identifications. The bill would open grand jury proceedings for deaths occurring during apprehension or while in the custody of a law enforcement officer or detention personnel. If the grand jury reports a no true bill, the grand jury report, the no true bill, and a transcript would be available for public review.

 

LB1098 would increase the Legal Aid and Services Fund charged in court filings from $5.25 to $6.25. The Fund is administered through the Commission on Public Advocacy to provide grants for providers of civil legal services for low income Nebraskans.

 

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

 

LB843 would grant immunity from prosecution for a prostitution offense if a law enforcement officer determines that the person is a victim of human trafficking. Other sections clarify that victims of sexual assault are not liable for the costs of forensic medical examinations. Instead, the Sexual Assault Payment Program Cash Fund would cover the cost.

 

On April 6, Governor Pete Ricketts signed the following bills of interest to counties. Unless the bills carry an emergency clause or specific operative date, they are tentatively scheduled to take effect on July 21, which is three calendar months after the session adjourns.

 

LB784 allows counties to have more access to funds during the period between July 1 and the adoption of the budget on September 20. The bill harmonizes 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 adds this language to the County Budget Act. Because the bill carries an emergency clause, it is already in effect.

 

LB725 eliminates filings of real estate transfer statements (Form 521) on all easements except certain conservation and preservation easements.

 

LB875 requires 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. This requirement applies 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.

 

LB783 provides for permanent public power district license plates for motor vehicles and trailers operated by public power districts receiving annual gross revenue of at least $40 million. The plates will be issued in the county in which the district is headquartered. The bill becomes operative on January 1, 2017.

 

LB865 revises the definition of handicapped or disabled person for purposes of handicapped or disabled license plates and strikes outdated language.