Lawmakers Approve Variety of Legislation Near Session End
Compensation OK’d For First Responders’ Families
A bill to provide a one-time death benefit to families of Nebraska first responders killed in the line of duty was passed 38-6 by the Legislature May 19.
LB 255, introduced by Lincoln Sen. Matt Hansen, provides monetary compensation to the family of a law enforcement officer, firefighter, correctional officer or government or nonprofit EMS ambulance squad member killed in the line of duty, including those who work on a voluntary basis.
Under the bill, a qualifying family member must file for compensation within one year of the death. For first responders killed in 2022, compensation provided will be $50,000. For each following year, compensation will be equal to the previous year’s compensation increased by the percentage increase in the consumer price index for all urban consumers.
The bill defines a line-of-duty death as having occurred within three years of a related incident or injury during the active performance of an individual’s official duties.
Nonprofit Capital Construction Grant Program OK’d
Lawmakers passed a bill on a 42-3 vote May 20 intended to help jump-start certain construction projects delayed by the COVID-19 pandemic.
LB566, sponsored by Omaha Sen. Mike McDonnell, creates the Shovel-Ready Capital Recovery and Investment Fund to provide matching grants to qualifying sports complexes and nonprofits related to arts, culture or the humanities.
The bill allocates $15 million in general funds and provides for allocation of additional federal funds subject to the Legislature’s appropriations process. It also allows the fund to receive transfers authorized by the Legislature, as well as gifts, grants or bequests from other sources.
The program will be administered by the state Department of Economic Development, with an application period beginning July 1, 2021, and ending July 15, 2021. Grants will require a one-to-one match from private sources and are capped as follows: $500,000 for projects costing less than $5 million; $5 million for projects between $5 million and $25 million; $10 million for projects between $25 million and $50 million; and $15 million for projects greater than $50 million.
Qualifying projects are required to complete their fundraising by Dec. 31 and construction must start by June 30, 2022.
State Funding for Rail Access Projects Approved
The state will provide matching funds for the development of industrial rail access business parks under a bill passed 49-0 by lawmakers May 19.
Under LB 40, introduced by North Platte Sen. Mike Groene, a nonprofit economic development corporation may apply to the director of the state Department of Economic Development for up to $30 million in matching funds to cover a project’s development costs. The director could approve up to $50 million in matching funds under the act.
Matching funds could be used for site acquisition and preparation, utility extensions and rail spur construction for the development of a new industrial rail access business park, including expenses incurred to help an initial tenant in the manufacturing, processing, distribution or transloading trades. Qualifying projects must be located in a county with a population of fewer than 100,000 inhabitants.
Upon legislative appropriation of funds, the state will provide $2 of matching funds for each dollar invested up to $2.5 million. For a larger investment, the state will provide $5 in matching funds for each dollar invested.
Earlier Transition Services for Disabled Students OK’d
Nebraska public schools will provide transition services to each student with a developmental disability two years sooner under a bill passed 48-0 by lawmakers May 19.
Schools are required to provide a coordinated set of activities that help prepare qualified students for life after high school — including postsecondary education, vocational training, integrated employment, continuing and adult education, adult services, independent living and community participation. Under LB 527, sponsored by Fremont Sen. Lynne Walz, schools will provide transition services to those students beginning when they turn 14 rather than 16.
Ag Land Valuation Reduced for School Bonding
Lawmakers approved a bill 36-6 on May 19 to shift the cost of school bonds away from owners of farm and ranch land.
Agricultural and horticultural land is valued at 75% of its actual value for purposes of property taxation under current law. Under LB 2, introduced by ALB ion Sen. Tom Briese, such land would be valued at 50 % of its actual value for purposes of school district taxes levied to pay the principal and interest on bonds approved by a vote of the people on or after the act’s operative date.
Water Safety License Plate Passed
A new specialty license plate that seeks to educate the public about water safety was approved by lawmakers May 19.
LB 166, sponsored by Lincoln Sen. Suzanne Geist, authorizes Josh the Otter-Be Safe Around Water license plates, available as of Jan. 1, 2022.
The fee for the alphanumeric plate is $5, credited to the Josh the Otter-Be Safe Around Water Cash Fund. Personalized plates will cost $40, with $10 credited to the state Department of Motor Vehicles Cash Fund and $30 credited to the Josh the Otter-Be Safe Around Water Cash Fund.
The bill requires the Game and Parks Commission to create a program to award grants from the cash fund to nonprofit organizations dedicated to educating children about water safety. Senators passed LB 166 on a 41-0 vote.
Nebraska History License Plates Approved
Senators passed a bill on a 39-0 vote May 19 that creates a new specialty license plate celebrating Nebraska history.
Under LB 317, sponsored by Omaha Sen. John Cavanaugh, Nebraska History licenses plates will be available in alphanumeric or personalized versions beginning Jan. 1, 2023. The plate will be designed in consultation with History Nebraska — formally known as the Nebraska Historical Society — and reflect the importance of preserving the state’s shared history.
The fee for the alphanumeric plate is $5, credited to the Support Nebraska History Cash Fund. Personalized plates will cost $40, with $10 credited to the state Department of Motor Vehicles Cash Fund and $30 credited to the Support Nebraska History Cash Fund.
Nonresident Park Entry Fees Increased
Lawmakers approved a bill May 20 that increases state park entry fees for nonresidents.
Introduced by Venango Sen. Dan Hughes, LB 336 sets the annual permit fee for a nonresident motor vehicle at twice the fee for a resident motor vehicle or $60, whichever is greater.
It sets the fee for a temporary permit for a nonresident motor vehicle at twice the fee for a resident motor vehicle or $12, whichever is greater.
LB 336 passed on a vote of 49-0.
Priority College Admission OK’d for Service Members
Certain uniformed service members will receive priority college admission under a bill passed 48-0 on May 19.
LB 669, introduced by Omaha Sen. Tony Vargas, requires Nebraska’s public postsecondary institutions to accept military and veteran students who apply to enroll as undergraduates if they otherwise meet admissions requirements.
A student who graduates from a Nebraska high school on or after Jan. 1, 2022, signs enlistment papers to serve in a uniformed service and meets other requirements related to the length of their service is eligible. Nebraska high school graduates and individuals who graduate from high school in another state on or after Jan. 1, 2002, and serve in a uniformed service while assigned to a location in Nebraska also qualify if they receive an honorable discharge.
More Service Members Eligible for Grave Markers
Additional Nebraska service members are eligible to receive a military grave marker under a bill passed May 19.
Under LB 261, introduced by Elkhorn Sen. Lou Ann Linehan, a Nebraska National Guard member who served on or after July 1, 1973, or served in active duty federal service is eligible. The bill also removes a requirement that a member of the armed forces have served during wartime to receive a marker. Markers will be available to all members of the armed forces who served in active duty or the U.S. reserve forces.
Senators passed LB 261 on a 41-0 vote.
Classroom Air Filter Study Authorized
The state will install high-quality air filters in certain classrooms to study their effect on student test scores and behavior under a bill passed on a 44-2 vote May 20.
LB 630, introduced by Lincoln Sen. Eliot Bostar, requires the state Department of Education to develop and implement a two-year pilot program to study the efficacy of commercial air filters to remove air pollution from classrooms and their impact on academic performance and behavior.
The pilot program will include 50 schools, with six participating classrooms of students in Grades 3 through 8 in each school. Half of the classrooms will be assigned to the control group. Participation is voluntary and no more than 50 % of participating schools will be from the same district. The department will submit the study results to the Legislature.
Statewide Farm-to-School Program Adopted
A Nebraska farm-to-school program will provide locally grown and minimally processed food to elementary and secondary school students under a proposal passed 48-0 by lawmakers May 20.
LB 396, introduced by Sen. Tom Brandt of Plymouth, requires the state Department of Education to hire a coordinator to administer the program, which also may provide students with hands-on learning activities, such as farm visits, cooking demonstrations and school gardening and composting programs.
The coordinator will partner with public agencies and nonprofits on a public engagement campaign and build a communication network that links farmers and schools.
They also will encourage schools to develop and improve their nutrition plans using locally grown or processed food and provide technical assistance to school food services staff, farmers, processors and distributors regarding the demand for and availability of Nebraska food products.
State Funding for Tribal Health Center Passed
Lawmakers gave final approval on a 49-0 vote May 20 to a bill that provides state funds to one of Nebraska’s federally qualified health centers.
LB 185, sponsored by Gordon Sen. Tom Brewer, appropriate $531,000 in general funds in fiscal year 2021-22 and FY2022-23 to the state Department of Health and Human Services to provide funding to the Fred LeRoy Health and Wellness Center in Omaha.
Financial Literacy Requirements Adopted
Lawmakers gave 49-0 approval May 20 to a bill intended to improve the personal finance skills of Nebraska students.
LB 452, introduced by Omaha Sen. Terrell McKinney, requires each school district to include financial literacy in its elementary and middle school instructional program. The bill also requires all students to complete at least one five-credit high school course in personal finance or financial literacy as a graduation requirement.
Under the bill, financial literacy includes knowledge and skills regarding budget and financial record keeping, taxes, debt, savings, risk management, insurance, investment strategies and establishing, building, maintaining and monitoring credit.
The State Board of Education will adopt measurable academic content standards for financial literacy as part of the state’s social studies standards. Beginning Dec. 31, 2024, each school district is required to provide an annual financial literacy status report to its school board.
Highway Reporting Requirement Passed
Senators approved a bill on a 45-0 vote May 21 intended to provide lawmakers with more information on the progress of highway projects.
LB 579, introduced by Columbus Sen. Mike Moser, requires the state Department of Transportation to include in its annual report to the Legislature information detailing the amount of money spent to date on the state’s expressway system, the number of miles yet to be completed and expected milestone dates.
The report also must include a statement of all state highway projects under construction and the estimated cost of each project.
Omnibus Gun Legislation Passed
A bill that updates several concealed carry provisions and the state’s Uniform Controlled Substances Act passed on a 45-0 vote May 21.
LB 236, as introduced by Sen. Tom Brewer of Gordon, would have allowed counties to authorize residents to carry a concealed weapon without a state-issued permit. Those provisions were removed from the bill and replaced by provisions of four other bills:
• LB 85, introduced by Brainard Sen. Bruce Bostelman, which requires the Nebraska State Patrol to notify the holder of a concealed carry permit four months prior to the permit’s expiration;
• LB 173, introduced by Blair Sen. Ben Hansen, which exempts from concealed carry prohibitions the transportation of a firearm in a vehicle for lawful purposes or carrying a concealed weapon directly to or from a vehicle if the firearm is unloaded, stored in a case and kept separate from ammunition;
• LB 244, introduced by Elmwood Sen. Robert Clements, which allows a 30-day grace period to renew a concealed carry permit; and
• LB 301, introduced by Hansen, which removes CBD contained in a product approved by the FDA from the definition of hashish or concentrated cannabis and updates Nebraska drug schedules and penalties to conform to federal law.
Expanded Child Care Assistance Approved
More Nebraskans are eligible for subsidized child care assistance under a bill passed May 19.
LB 485, introduced by Bennington Sen. Wendy DeBoer, increases the income eligibility limit of the Child Care Subsidy program from 130 % of the federal poverty level to 185 %. The bill also increases transitional child care income eligibility from 185 % of FPL to 200 %.
Expanded eligibility will end Sept. 30, 2023, and the bill’s cost will be paid through existing federal block grant funds.
Lawmakers passed LB 485 on a 31-6 vote.
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