Legislative News Briefs 7/28/20
Omnibus Banking Bill Passed
A bill that updates Nebraska banking law passed July 21.
Among other provisions, LB 909, introduced by Sen. Matt Williams of Gothenburg, will:
• Allow minors to establish deposit accounts;
• Repeal obsolete language in the Nebraska Banking Act related to report publication;
• Allow the director of the state Department of Banking and Finance to examine licensees at his or her discretion;
• Allow a financial institution to notify a caretaker or other third-party reasonably associated with a vulnerable adult or senior of suspected financial exploitation and allow a financial institution to place up to a 30-day hold on suspicious transactions and indemnify a financial institution’s employees, officers and directors from civil, criminal or administrative liability for any transaction delayed based on a good faith belief that the transaction may have been exploitive;
• Grant state-chartered banks, savings associations and credit unions the rights, powers, privileges and immunities of federally chartered entities doing business in the state as of Jan. 1, 2020; and
• Allow certain employees of the state Department of Banking to borrow from a financial institution chartered by the department. The department director, deputy director, counsel, attorney or financial institution examiner still will be prohibited from such borrowing.
LB 909 passed 48-0 and takes effect immediately.
Data Collection to Improve Broadband Availability OK’d
Lawmakers passed a bill July 21 that will help Nebraska obtain federal funding for increased broadband availability.
LB 996, sponsored by Plymouth Sen. Tom Brandt, allows Nebraska to create a statewide crowdsourcing program to collect broadband availability data to supplement federal data that already is collected.
The bill prioritizes resources and outreach in areas of the state that crowdsourcing, public feedback and other evidence suggests are unserved or underserved by high-speed internet.
The bill passed 47-0 and takes effect immediately.
Municipal Borrowing Expanded
Senators passed a bill July 21 that allows cities and villages to borrow money after a calamity.
LB 870, introduced by Bellevue Sen. Sue Crawford, allows cities and villages to borrow directly from a financial institution to repair or rebuild property or restore public services damaged or disrupted by a natural disaster.
The bill limits direct borrowing to 20% of the municipal annual budget of a second class city or village or 10% for a first, primary or metropolitan class city.
LB 870 was approved on a 48-0 vote and takes effect immediately.
Omnibus Labor Bill Passed
Lawmakers passed a bill July 21 that makes several changes to existing employment regulations.
LB 1016, as introduced by Lincoln Sen. Matt Hansen, prohibits an employer from retaliating or discriminating against an employee who files a suit or complaint or otherwise participates in an investigation under the Nebraska Wage Payment and Collection Act.
An employee who works for a company that is not subject to the Nebraska Fair Employment Practice Act – and alleges a violation of the Nebraska Wage Payment and Collection Act – can bring a suit against their employer to recover damages resulting from the violation. Citations issued to employers for violations under LB 1016 must be paid before the employer may contract with the state or any political subdivision.
LB 1016 includes the provisions of two additional bills.
Peru Sen. Julie Slama introduced LB 788, which changes the fee for contractor registration from $40 to no more than $40. LB 926, introduced by the committee, changes the citation process under the Employee Classification Act to mirror the Nebraska Wage Payment and Collection Act.
The bill passed on a 42-4 vote and takes effect immediately.
Child Protection Bill Passed
A bill that extends and revamps the state’s alternative response procedures in child welfare cases passed July 21.
Alternative response is a practice that handles low-risk child welfare cases by empowering families to build on their strengths, rather than criminally investigating them or placing them on the Child Abuse and Neglect Registry. Nebraska’s alternative response pilot program has been in place since 2014.
Among other provisions, LB 1061, introduced by Bellevue Sen. Sue Crawford, eliminates the pilot program’s sunset date, removes abandonment of a child for six months or more prior to a report from the list of cases excluded from eligibility for alternative response, provides clearer definitions of response pathways for reports of child abuse and neglect and establishes an advisory group under the Nebraska Children’s Commission to examine the state Department of Health and Human Service’s use of alternative response.
The bill also narrows the types of cases eligible for alternative response. Cases instead will be forwarded directly to the county attorney if they involve:
• A history of termination of parental rights;
• Domestic violence involving a caretaker in situations where the alleged perpetrator has access to the child or caretaker;
• Someone living in a home where a child lives who is illegally manufacturing methamphetamine or opioids;
• A child has contact with methamphetamine or other nonprescribed opioids;
• A household member who tests positive for methamphetamine or nonprescribed opioids at the birth of an infant who is the subject of the report; or
• Absence of a caretaker without having given an alternate caregiver authority to make decisions and grant consents for necessary care, treatment and education of a child and without the caregiver having made a provision to be contacted to make such decisions or grant such consents.
LB 1061 passed 46-0 and takes effect immediately.
Retirement Plans Updated
A bill that brings Nebraska’s state-administered retirement plans into compliance with recent federal changes passed July 21.
LB 1054, introduced by Seward Sen. Mark Kolterman, updates plans within the Nebraska Public Employees Retirement Systems to comply with new provisions under the SECURE Act passed by Congress and signed into law in late 2019.
The bill passed on a 48-0 vote and takes effect immediately.
Free Park Entry Permit for Disabled Veterans Approved
Certain disabled veterans may apply for a free lifetime state park entry permit under a bill passed by lawmakers July 21.
LB 770, introduced by Creighton Sen. Tim Gragert, requires the state Game and Parks Commission to issue resident motor vehicle park entry permits to qualified disabled veterans in addition to the current annual and temporary permits.
To qualify, a veteran must be a Nebraska resident who has been honorably discharged and either rated by the U.S. Department of Veterans Affairs as 50% or more disabled as a result of service in the U.S. military or be receiving a pension from the department as a result of total and permanent disability not connected to military service. The permits are free, perpetual and become void only if a veteran no longer meets the eligibility criteria.
LB 770 also increases the maximum fee for a nonresident motor vehicle annual park entry permit from $55 to $65 and increases the maximum fee for a temporary nonresident motor vehicle park entry permit from $10 to $12.
Senators voted 48-0 to approve the measure.
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