New Native American Holiday Established on Columbus Day

The second Monday in October will be Indigenous Peoples’ Day and Columbus Day in Nebraska under a bill passed Aug. 11.

LB 848, introduced by Lincoln Sen. Patty Pansing Brooks, adds Indigenous Peoples’ Day to the established Columbus Day holiday.

The bill includes provisions of Pansing Brooks’ LB 849, which extend eligibility for the Bridge to Independence Program to Native American youth who have reached the age of majority under tribal law.

LB 848 also includes provisions of Gordon Sen. Tom Brewer’s LB 937. The provisions require the display of flags of Nebraska’s four federally recognized Native American tribes–the Omaha, Ponca, Santee Sioux and Winnebago–in the ceremonial Warner Chamber of the State Capitol.

Flags of any tribe with historic and regional connections to Nebraska will be displayed in the Memorial Chamber on the Capitol’s 14th floor.

Lawmakers passed LB 848 on a 35-10 vote.

Omnibus Banking Bill Passed

Senators passed a bill Aug. 11 that makes a number of changes to state banking laws.

LB 808, introduced by Gretna Sen. Andrew La Grone, enacts new sections in the Nebraska Model Business Corporation Act related to defective corporate actions.

The measure contains provisions of six additional bills:

• LB 775, introduced by Sen. Matt Williams of Gothenburg, which make several technical changes to the Nebraska Real Property Appraiser Act;

• LB 782, introduced by Gering Sen. John Stinner, which allow students within 120 days of completing an accounting degree to take test sections of the certified public accountant exam.

• LB 767, introduced by Omaha Sen. Brett Lindstrom, which change laws governing condominium associations, including reducing the time allowed to recover damages from alleged deficiency in their design or construction.

• LB 902, introduced by Sen. Patty Pansing Brooks of Lincoln, which modernize and reform the terms of an irrevocable trust.

• LB 929, introduced by Lindstrom, which exempt from the Nebraska Real Estate License Act an unlicensed person who provides a list of potential purchases to a broker or real estate salesperson.

• LB 1123, also introduced by Lindstrom, which expand the definition of security to include student loans under the Public Funds Deposit Security Act.

LB 808 passed on a 47-0 vote and takes effect immediately.

Smoking Age Raised to 21

Lawmakers raised Nebraska’s smoking age Aug. 11.

LB 1064, introduced by Sen. Tom Briese of ALB ion, raises the legal age to use and purchase tobacco, cigarettes, cigars, electronic nicotine delivery systems or alternative nicotine products from 19 to 21. The bill also raises the minimum age to enter a tobacco specialty store from 19 to 21, but allows employees who are 19 or 20 to work in tobacco specialty shops until Jan. 1, 2022.

In addition, provisions of Bellevue Sen. Sue Crawford’s LB 322 that were amended into LB 1064 allow individuals between ages 15 and 20 to assist law enforcement in compliance checks of tobacco vendors with written consent of a parent or legal guardian.

LB 1064 passed 48-0 and takes effect immediately.

Medicaid Reimbursement Rate Methodology Rules Clarified

A bill that requires the state Department of Health and Human Services to keep its Medicaid reimbursement rate methodology within its existing rules and regulations process passed Aug. 11.

LB 1053, introduced by the Health and Human Services Committee, clarifies that any change to the methodology is considered substantive and requires rule and regulation-making proceedings under the Administrative Procedure Act.

LB 1053 includes provisions of two additional bills. LB 833, introduced by Sen. Sue Crawford of Bellevue, allows Programs of All-Inclusive Care for the Elderly (PACE) facilities that meet DHHS licensure requirements to operate multiple centers under one license.

Provisions of LB 1043, sponsored by Blair Sen. Ben Hansen, make several changes to state law governing receiverships of health care facilities, including reducing from 12 months to six the time allowed to terminate a receivership and requiring the closure or sale of a health care facility within 60 days of a court order.

LB 1053 passed on a 48-0 vote.

Bill to Reduce Alcohol Special Designated Licenses Passed

Certain alcohol vendors may expand operations temporarily without obtaining a special designated license under a bill passed Aug. 11.

LB 1056, introduced by Kearney Sen. John Lowe, allows farm wineries, craft breweries, micro-distilleries, bottle clubs or entities with a retail liquor license to expand their licensed premises temporarily to a street, parking lot or alley that is immediately adjacent to their licensed location upon approval by the appropriate governing body.

A temporary area must be enclosed by a fence or other means, have easily identifiable entrances and exits and meet all sanitation requirements for a premises with a liquor license. Authorized temporary expansions cannot exceed 50 days in 2020 and 15 days per year starting in 2021.

The bill also contains provisions of LB 980, introduced by Sen. Tom Brandt, that extend a special permit to conduct a lottery or raffle under the Nebraska Lottery and Raffle Act from three months to one year. The provisions also allow raffle tickets to be sold online and to be purchased with a debit card.

LB 1056 passed 47-0 and takes effect immediately.

Deer Hunting Permits Approved

Certain landowners may apply for a permit to hunt deer before the regular firearm deer hunting season under a bill passed Aug. 12.

LB 126, introduced last session by Venango Sen. Dan Hughes, requires the state Game and Parks Commission to issue up to four limited permits to hunt deer during the Saturday through Monday preceding the opening day of firearm deer hunting season to qualifying landowners and their designated immediate family members.

For a Nebraska resident landowner, the number of permits issued may not exceed the total acreage of the farm or ranch divided by 80. For a nonresident landowner, the number of permits issued may not exceed the total acreage of the farm or ranch divided by 320.

LB 126 passed on a vote of 30-7.

Child Care Tax Credit Expanded

Self-employed child care providers may apply for a state income tax credit under a bill approved by lawmakers Aug. 12.

Under the 2016 School Readiness Tax Credit Act, eligible staff members who are employees of child care and early childhood education programs participating in the Step Up to Quality child care program may apply to the state Department of Revenue for a refundable state income tax credit of up to $1,500.

LB 266, introduced by Omaha Sen. Brett Lindstrom last session, adds self-employed individuals providing services for eligible child care and early childhood education programs to the definition of “eligible staff member,” allowing them to apply for the credit.

The bill also requires the state Department of Education to include those self-employed individuals in the Nebraska Early Childhood Professional Record System.

Finally, the bill allows credits awarded to passthrough entities to be distributed in the same manner and proportion as income.

The state Department of Revenue estimates that the bill will reduce state tax revenue by $71,000 in fiscal year 2020-21 and an additional $81,000 in fiscal year 2021-22.

The bill passed on a 47-0 vote.

Campus Sexual Harassment Reporting Requirement OK’d

Public colleges and universities in Nebraska must submit a biennial report on sexual harassment and Title IX compliance to the Legislature under a bill passed by lawmakers Aug. 12.

Under LB 534, introduced by Omaha Sen. Machaela Cavanaugh, each Nebraska public postsecondary educational institution must submit the report to the Clerk of the Legislature and the Education Committee on or before Sept. 15 of odd-numbered years, beginning in 2021. Among other information, the report will include the results of any campus climate survey related to sexual harassment, sexual harassment training provided to Title IX personnel and information on where students and employees may receive emergency assistance to address instances of sexual harassment.

The bill also requires the committee to hold a public hearing to review each report, beginning on or before Dec. 15, 2021.

Senators voted 41-1 to pass it.

Dental Hygienist Changes OK’d

A bill intended to address the shortage of dental care in rural Nebraska passed Aug. 12.

LB 312, introduced by Blair Sen. Ben Hansen, authorizes licensed dental hygienists to perform all authorized functions within their scope of practice in a public health setting except periodontal scaling, root planing and administrating anesthesia or nitrous oxide.

The bill also allows the state Department of Health and Human Services to authorize licensed hygienists to prescribe mouth rinses and fluoride products to decrease tooth decay and make minor denture adjustments, upon completion of education and testing.

LB 312 passed on a 47-0 vote.

Human Trafficking Bill Passed

Lawmakers passed a bill Aug. 12 intended to assist victims of human trafficking.

LB 518, as originally introduced by Elkhorn Sen. Lou Ann Linehan, would have adopted the Support for Trafficking Survivors Act. Those provisions were removed, leaving provisions of Bellevue Sen. Carol Blood’s LB 745, which outline procedures for certification of immigration visas by local law enforcement in Nebraska.

The bill requires Nebraska law enforcement agencies to certify a form – within 90 days of when it is requested – for two types of immigration visas that are set aside for victims of certain crimes.

A “T” visa is for victims of human trafficking and a “U” visa is for victims of specific crimes who have suffered abuse and who are helpful to law enforcement in the investigation and prosecution of criminal activity.

LB 518 passed on a 47-0 vote.

EMS Changes Earn Approval

Lawmakers passed a bill Aug. 11 that makes changes to emergency medical service provision in Nebraska.

LB 1002, sponsored by Brainard Sen. Bruce Bostelman, allows the restocking of prescription drugs by a hospital for an emergency medical service if EMS transports a patient to the hospital and the drugs were used for the patient prior to or during transportation.

The measure includes provisions from three additional bills:

• LB 893, also introduced by Bostelman, which add community care paramedic and critical care paramedic practices as EMS providers and direct the state Board of Emergency Services to provide education and licensure requirements for the classifications;

• LB 1044, originally introduced by Blair Sen. Ben Hansen, which clarify that only consultation with–and not the approval of–a licensed physician is required for a licensed medical nutritionist to order patient diets under the Medical Nutrition Therapy Practice Act; and

• LB 1184, originally introduced by La Vista Sen. John Arch, which require the state Department of Health and Human Services to set standards for juvenile inpatient psychiatric units and psychiatric residential treatment facilities. Staff must be at least 20 years old, or at least two years older than the oldest resident in the facility or unit, have a high school diploma or equivalent and be trained appropriately.

Finally, under the bill, licensed practical nurses are no longer exempt from Emergency Medical Services Practice Act licensing requirements.

LB 1002 passed on a 47-0 vote and takes effect immediately.

Resolution to Affirm LGBTQ+ Inclusivity OK’d by Senators

Lawmakers approved a legislative resolution Aug. 12 asserting protections against employment discrimination based on sexual orientation or gender identity.

Lincoln Sen. Patty Pansing Brooks introduced LR 466 to affirm a recent U.S. Supreme Court decision, which held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. She said the resolution would send a strong message to employers and workers that Nebraska is committed to being a welcoming and inclusive state for all.

“Business leaders have been clear that workforce development is our state’s number one business need,” Pansing Brooks said. “We need to do more to make sure our state competes for the talented young workers that we need.”

Elmwood Sen. Robert Clements expressed concerns that the Court’s decision, and the subsequent legislative resolution, were in direct conflict with the Nebraska’s constitutional protections of religious freedom.

The resolution was adopted on a 28-8 vote.

Abortion Procedure Banned Following 33-8 Cloture Vote

Lawmakers passed a bill Aug. 13 that bans a specific abortion method in Nebraska.

LB 814, introduced by Lincoln Sen. Suzanne Geist, bans “dismemberment” abortion–known medically as dilation and evacuation–except in emergency situations.

The bill defines a dismemberment abortion as a procedure in which a person purposely dismembers and extracts a living fetus from the uterus using clamps, forceps or similar instruments. It does not apply to an abortion in which suction is used to dismember a fetus, or removal of a fetus that already is dead.

LB 814 also allows for professional injunctions and civil action against any abortion provider found to be in violation of the bill’s provisions. The intentional and knowing performance of the procedure – unless performed due to a medical emergency – is a Class IV felony, punishable by up to two years imprisonment with 12 months post-release supervision, a $10,000 fine or both.

Omaha Sen. Megan Hunt offered a motion on final reading to bracket the bill. After approximately an hour of discussion, Geist offered a motion to invoke cloture, which ends debate. Lawmakers voted 33-8 to invoke cloture. Thirty-three votes were needed.

Senators then rejected the bracket motion 8-29 and passed LB 814 on a 33-8 vote.

Increased Transparency About Death Penalty Process Passed

Lawmakers passed a bill Aug. 13 to increase transparency in the state’s execution protocol.

LB 238, introduced by Lincoln Sen. Patty Pansing Brooks, requires the state Department of Correctional Services to allow all execution witnesses to view the process continually from the moment the inmate enters the execution chamber until the moment he or she is pronounced dead, without any impediment to their line of sight.

Additionally, it allows any person performing an execution to wear a mask or otherwise conceal their personal identity.

The bill passed on a 27-10 vote.

Body Art, Nail Changes Passed

Several changes to state law regulating nail technology and tattoo artists were approved Aug. 13.

LB 607, introduced by Sen. Mark Kolterman of Seward:

• Creates a three-day license for a “guest body artist” enabling him or her to work at a licensed tattoo establishment or under a licensed body artist.

• Creates the position of nail technology apprentice and allows an apprentice to work under a licensed nail technologist.

• Updates the definition of cosmetic tattooing.

• Adds “natural nail” treatment–work done on a person’s nails without adding to the nail–to the definition of manicuring.

• Allows the state Board of Cosmetology, Electrology, Esthetics, Nail Technology and Body Art to administer licensing exams in multiple languages.

The bill passed on a 31-10 vote.

Student Discipline Act Updated

Lawmakers passed a bill Aug. 13 that makes several changes to provisions in the Student Discipline Act related to suspension, expulsion and mandatory reassignment.

LB 515, introduced by Omaha Sen. Tony Vargas, requires that a student be given an opportunity to complete any classwork and homework missed during a suspension, including examinations. It requires school districts to develop and adopt guidelines for doing so.

The bill clarifies the time frame during which a principal must send a written statement to a suspended student – and his or her parent or guardian – describing the student’s conduct, misconduct or violation of the rule or standard and the reasons for the action taken.

It also requires school districts to reinstate a student when their expulsion has ended and accept non-duplicative, grade-appropriate credits earned by the student during the expulsion from certain accredited institutions.

Among other changes, the bill also creates and modifies several procedures for student discipline hearings.

Under LB 515, a student or the student’s parent or guardian may request the designation of a hearing examiner other than the hearing examiner recommended by the superintendent. The bill requires school boards to pay the expenses and fees of any hearing examiner.

The bill passed on a vote of 26-7. Twenty-five votes were necessary.

Natural Resources Bill Passed

Senators passed an omnibus bill Aug. 13 that contains provisions of several proposals related to natural resources.

LB 632, introduced by Sen. Dan Hughes of Venango, includes the provisions of four bills heard by the Natural Resources Committee this session.

The provisions of LB 769, introduced by Creighton Sen. Tim Gragert, require that each member of the Nebraska Natural Resources Commission be a Nebraska resident.

The provisions of LB 861, introduced by Hughes, prohibit a county, municipality or agency from adopting, enforcing or administering an ordinance or resolution that prohibits the use of or sets standards, fees, prohibitions or requirements regarding the sale, use or marketing of containers.

It defines a container as a single-use, recyclable or reusable bag, cup, can, pouch, package, container, bottle or other packaging made of cloth, paper, plastic, cardboard, aluminum, glass or certain other materials and that is “designed for consuming, protecting or transporting merchandise, food or beverages from or at a food service or retail facility.”

The prohibition does not apply to county, municipality or agency recycling or solid waste collection programs so long as those programs do not “prohibit or have the effect of prohibiting the sale, use or marketing of any containers.”

The amended provisions of LB 933, introduced by Sen. Sue Crawford of Bellevue, prohibit a public or private utility company from charging a fee for the discontinuance or reconnection of service that exceeds the reasonable costs of providing such service.

Crawford’s proposal also makes several changes to current law prohibiting most public and private utilities from discontinuing service to subscribers for nonpayment unless it first notifies them.

The provisions of LB 1201, introduced by Sen. Bruce Bostelman of Brainard, require the state Department of Natural Resources to create a statewide flood mitigation plan that will be included in the state hazard mitigation plan maintained by the Nebraska Emergency Management Agency.

The proposal requires the department to convene a plan development group and work with federal, state and local agency and community stakeholders to develop the plan.

Among other tasks, the department will identify opportunities to implement flood hazard mitigation strategies, identify potential funding sources that can be used for flood mitigation and post-flood disaster recovery and compile a list of critical infrastructure and state-owned facilities and identify those with the highest risk of flooding.

LB 632 passed on a 46-0 vote.

Medicaid Buy-in Changes OK’d

Lawmakers passed a bill Aug. 12 that makes changes to a program meant to help individuals with disabilities maintain employment while retaining Medicaid coverage.

LB 323, introduced last session by Bellevue Sen. Sue Crawford, updates eligibility standards for Nebraska’s Medicaid Insurance for Workers with Disabilities program–commonly referred to as the Medicaid buy-in program–from federal Balanced Budget Act standards to more recent federal Ticket to Work and Work Incentives Improvement Act standards.

The bill also lowers the premium cap from 10% to 7.5%.

LB 323 passed on a 46-0 vote.

Earlier Parole Eligibility OK’d

A bill that seeks to address the overcrowding crisis in Nebraska’s correctional system was passed by lawmakers Aug. 13.

Under LB 1004, sponsored by Omaha Sen. Steve Lathrop, a committed offender automatically is eligible for parole within two years of their mandatory discharge date, unless they are eligible for parole at an earlier date.

The director of the division of parole supervision will establish caseload standards for parole service and provide annual caseload reports to the Legislature beginning in January 2021. The parole provisions contained within LB 1004 will not apply retroactively.

The bill includes provisions of LB 1036, originally introduced by Lincoln Sen. Adam Morfeld, that change the age of consent for health care decisions from 19 to 18. It also allows a person under 19 who is in the custody of the correctional system to consent to medical and mental health care decisions.

LB 1004 passed on a 29-11 vote.

TIF Expedited Review Adopted

A bill intended to make certain redevelopment projects easier passed Aug. 13.

LB 1021, introduced by North Platte Sen. Mike Groene, creates expedited review of tax-increment financing for redevelopment projects under the state’s Community Development Law if the project involves repair, rehabilitation or replacement of an existing structure in an existing substandard or blighted area; is in a county with a population of less than 100,000 or in an area that has been declared extremely blighted; involves a structure that is at least 60 years old; and does not exceed $250,000 for a single-family structure, $1 million for a multi-family or commercial structure or $10 million for a structure on the National Register of Historic Places.

The decision to allow expedited review will rest with the governing body of a municipality.

Lawmakers passed the bill 49-0.

FAFSA Requirements Approved

Nebraska students must submit a federal college financial aid application before they graduate from high school under a bill passed by lawmakers Aug. 13.

Introduced by Omaha Sen. Tony Vargas, LB 1089 requires each public high school student to complete and submit a Free Application for Federal Student Aid before graduating, beginning with the 2021-22 school year.

A student’s parent or legal guardian, or the person standing in loco parentis to the student, may submit a signed form indicating that they authorize the student to decline to complete and submit a FAFSA. A student who is 19 or older or is an emancipated minor may sign and submit the waiver.

A principal or the principal’s designee also may authorize a student to decline for good cause.

LB 1089 requires the principal or a designee to provide the number of students who completed a FAFSA or submitted the required waiver to the school district or governing authority for the high school and to the state Department of Education.

The bill requires the commissioner to submit a report with that information to the Legislature, beginning Dec. 31, 2022. It also requires the commissioner to create and adopt the waiver form to be used by each public high school.

LB 1089 passed on a vote of 29-12.

Affordable Housing BIll Passed

A bill intended to increase the availability of affordable housing passed Aug. 13.

LB 866, introduced by Omaha Sen. Justin Wayne, adopts the Municipal Density and Missing Middle Housing Act. The bill incentivizes affordable housing projects by establishing a workforce housing investment grant program for urban areas of the state and requiring affordable housing action plans. The bill contains provisions of LB 794, introduced by Lincoln Sen. Matt Hansen, and Omaha Sen. Tony Vargas’ LB 1155.

The provisions require cities with populations greater than 20,000 to submit a report every two years, beginning July 1, 2021, to the Urban Affairs Committee detailing their efforts to incentivize affordable housing.

All cities with populations greater than 50,000 will be required to adopt an affordable housing action plan by Jan. 1, 2023, and all cities with populations between 20,000 and 50,000 will be required to adopt an affordable housing action plan by Jan. 1, 2024.

The bill also creates the Middle Income Housing Investment Fund within the state Department of Economic Development to support development of workforce housing in Nebraska counties of 100,000 or more residents.

Only nonprofit organizations may apply for grants, which will be based on a demonstrated need for additional owner-occupied housing in communities with an unemployment rate higher than the state average.

The fund will receive a one-time, $10 million general fund transfer. Any grants awarded will require one-to-one matching funds.

Lawmakers passed LB 866 on a 31-7 vote.