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2001 Legislation

          as of 6/30/01 - Education-Related Bills in Blue; Pro Life Bills in Green

Bill Number Title Action
LB 18 Abolish Death Penalty Support

(Chambers) Proposing to abolish the death penalty and replace it with mandatory imprisonment for life and mandatory restitution of victims' families. Heard by the Judiciary Committee, 3/8/01; awaiting action by the Judiciary committee; not prioritized; carried over to next session. 

LB 21 Substance Abuse Coverage Support

(Suttle) Proposing to require the Dept. of Health and Human Services to exercise the federal option to cover substance abuse treatment under Medicaid.  Hearing held by Health & Human Services Committee 2/1/01.  By a vote of 7-0, bill advanced to on General File 2/5/01; awaits first-round debate; not prioritized; carried over to next session.

LB 61 TERC Appeals Oppose

(Coordsen) Proposing to give every citizen legal standing to appeal to the Tax Equalization and Review Commission any religious, charitable, educational or cemetery property tax exemption granted by any county board.  Hearing held by Revenue Committee 2/9/01; indefinitely postponed (killed) by a vote of 6-0 on 2/26/01.

LB 62 Death by Lethal Injection Monitor

(Bruning) Proposing to change the method of inflicting the death penalty from electrocution to lethal injection. Public hearing on March 8; awaiting action by the Judiciary Committee; prioritized by Senator Bruning; carried over until next session.

LB 115 School Activity  Tax Credit Monitor

(Quandahl) Proposing a state income tax credit for expenditures for public-school extracurricular activities.  NCC position:  Support, if it is amended to apply to private school expenditures as well.  Hearing held by Revenue Committee 1/24/01; indefinitely postponed (killed) by a vote of 6-1.

LB 149 Higher Taxes on Alcohol Support

(Jensen) Proposing an increase on tax rates on alcohol, with the understanding that new revenue will be dedicated to funding for alcoholism and substance abuse treatment programs.  Hearing held by Revenue Committee 1/31/01; indefinitely postponed (killed) by a vote of 6-0 on 3/12/01.

LB 154 Review Board for Inmate Health Care Monitor

(Chambers) Proposing to establish a public oversight board to monitor the Department of Corrections, which would have to provide a community standard of health care, defined as medical care of the type, quality, and amount that any individual residing within the community in question could expect to receive in that community; a response to Governor’s independent report and the State Ombudsman report that inmates in Nebraska’s penal system receive substandard medical, dental and mental health treatment. Public hearing on 1/ 24/01; advanced to General File, 8-0, by the Judiciary Committee; advanced to Select File; advanced to Final Reading; passed on 5/21/01; signed by Governor Johanns 5/25/01.

LB 200 Sales Tax on Food Oppose

(Wickersham) Proposing to reinstate the sales tax on food, and to provide for a state income tax credit to offset sales tax paid for food by families with incomes below $30,000.  Hearing held by Revenue Committee 2/1/01; indefinitely postponed (killed) by a vote of 8-0 on 3/15/00.

LB 236 Marriage Prep Lic. Discounts Monitor

(Bruning, Smith) Proposing to give couples a $20 discount, from $25 to $5, on their marriage license fee if they show that they have completed, within the six months immediately prior to marriage, completed an approved marriage-preparation course. Public hearing on 1/25/01; reported indefinitely postponed (killed), 8-0, by the Judiciary Committee.

LB 271 Scholarship Fund Tax Credits Support

(Bromm) Proposing to provide a state income tax credit for contributions to elementary and secondary scholarship programs set up to assist families to pay tuition at non-governmental schools.  Hearing held  by Education Committee 3/13/01; awaiting action in committee; not prioritized.  Carried over to next session. 

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LB 277 Eliminate Marriage Penalty Tax Monitor

(Redfield, et. al.) Proposing to eliminate the "marriage penalty," that quirk in the tax code that forces two-income married couples to pay more in taxes than they would if each spouse were taxed as a single wage earner. Public hearing on 2/23/01; advanced to General File, 6-2, by the Revenue Committee; prioritized by Senator Redfield; placed on Select File 4/4/01; advanced 4/12/01; carried over to next session.

LB 294 Eliminate Divorce Waiting Period Oppose

(Aguilar) Proposing to eliminate the current law’s 6-month post-divorce-decree waiting period for all purposes, including remarriage. Public hearing on 1/ 25/01; reported indefinitely postponed (killed), 6-2, by the Judiciary Committee.

LB 303 Education Roundtable Sought Amendment

(Stuhr) Proposing to establish an Education Roundtable, comprised of 34 members from all sectors of education in Nebraska. NCC Position: Sought amendment to provide representation from private elementary and secondary schools and parents; amendment adopted.  Public hearing on 1/22/01. Advanced to General File, as amended, 8-0, by the Education Committee; advanced to Select File; advanced to Final Reading; final vote pending.  Passed 5/21/01 with amendment sought, approved by Governor Johanns 5/25/01.

LB 304 Monitor Fetal Tissue Sales Monitor

(Beutler) Proposing a weak alternative to prohibiting research use of fetal brain tissue derived from induced abortions by prohibiting the sale and transfer of fetal tissue for research, by monitoring the use of tissue, cells and organs obtained from dead embryos or fetuses after abortions, and by "requiring" UNMC to stop using tissue from abortions as soon as a substitute is found.  Public hearing on 2/9/01; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 305 Teacher Salary & Recruitment Issues Sought Amendment

(Raikes, et. al.) Amended to provide for $2,000 salary supplements for beginning public school teachers (within first four years of teaching) for one year, followed by increased state aid of $100 per student to fund teacher salary increases in future years.  Raised sales tax rate by .25% to fund additional state aid for salaries.  Heard by the Education Committee, 1/29/01; prioritized by Sen. Raikes'; placed on Select File; stalled on Select File when motion to invoke cloture failed; carried over to next session.

LB 314 Relax Teacher Requirements Monitor

(Stuhr) Proposing to relax teacher certification requirements to allow teachers who move to Nebraska from other states to be more easily certified by waiving a basic skills test for those that have at least three years of experience.  Public hearing on 1/23/01; advanced to General File, 5-0, by the Education Committee; advanced to Select File; advanced to Final Reading; passed by the Legislature 44-0 on 3/9/01; approved by the Governor 3/14/01.

LB 319 Mandate Health Insurance Coverage for Contraceptives Oppose

(Suttle) Proposing to mandate that every health insurance policy, plan or program in Nebraska provide coverage for contraceptive drugs and devices and for infertility drugs and treatments, if it provides any drug coverage at all. Heard by the Banking, Commerce & Insurance Committee 2/26/01. Killed in committee on 3/7/01.

LB 340 Abortion-Informed Consent & Parental Notification Support

(Quandahl) Proposing to modify and improve the law that requires parental notification when a minor seeks to have an abortion, by adding to the crime of criminal impersonation conduct whereby a person fraudulently poses as a person who can waive notification. Public hearing on 3/9/01; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 341 Abortion-Informed Consent & Parental Notification Support

(Quandahl) Proposing to modify and improve the law governing informed consent as a precondition for a woman having an abortion, by making it clear that the woman has to be given the state’s informative materials before the abortion can be performed, and also repeals the current law that requires school districts to provide parental-notification and judicial-bypass information to students in grades 7-12. Public hearing on 3/9/01; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 342 Abortion-Informed Consent & Parental Notification Support

(Quandahl) Proposing to modify and improve the law that requires parental notification when a minor seeks to have an abortion, by more clearly defining the situation in which parental notification would not be required, and by requiring that any written authorization for the abortion from a parent or guardian must be notarized. Public hearing on 3/9/01; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

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LB 356 DP Changed to Lethal Injection Monitor

(Brashear) Proposing to change the method of inflicting the death penalty from electrocution to lethal injection; technically different from LB 62. Status: Public hearing on 3/8/01; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 398 Change Pharmacy Practice Act Monitor

(Suttle) Proposing to make numerous changes in the "Pharmacy Practice Act". NCC Position: Monitor, particularly as it could relate to chemical abortion and assisted suicide. Public hearing on 2/15/01; advanced to General File, 7-0, by the Health and Human Committee; prioritized by Senator Suttle; passed on 4/26/01; approved by Governor Johanns 4/30/01.

LB 412 Volunteer Liability Immunity Monitor

(Robak) Proposing to provide limited immunity from liability for volunteers within a governmental entity or nonprofit organization; to the extent a volunteer in the state would enjoy immunity under the Federal Volunteer Protection Act of 1997, that volunteer would be immune from civil liability if the organization maintains a general liability insurance policy with a minimum coverage of $1 million per person and $5 million per occurrence. Public hearing on February 28; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 419 Tax Exemption Appeals Support

(Wickersham) Proposing to provide for bifurcation of issues (exemption and valuation) on any appeal to the Tax Equalization and Review Commission involving a religious, charitable, educational or cemetery property tax exemption. Public hearing on 1/25/01; advanced to General File, 7-0, by the Revenue Committee; advanced to Select File; advanced to Final Reading; passed by the Legislature, 44-0 on 3/9/01; approved by Governor Johanns 3/14/01.

LB 432 Prohibit Genetic Discrimination Monitor

(Bromm, et. al.) Proposing to address issues relating to genetic testing: to prohibit discrimination in employment and insurance based upon genetic testing; to provide for certification of labs doing genetic testing for diagnosis, treatment or forensic purposes; to provide standards for retaining genetic material. Public hearing on 1/29/01; advanced to General File, 6-0, by the Business and Labor Committee; advanced to Select File; advanced to Final Reading; passed on 5/21/01; approved by Governor Johanns 5/25/01.

LB 433 Business' Childcare Tax Credits Monitor

(Landis) Proposing to provide state tax credits of up to 30 percent of costs incurred by businesses in providing childcare for employees. Public hearing on 1/24/01; advanced to General File, 5-3, by the Revenue Committee; advanced to Select File; advanced to Final Reading; passed on 5/21/01; approved by Governor Johanns 5/25/01.

LB 462 Ban Fetal Tissue Use from Abortions Support

(Pedersen) Proposing to prohibit state-funded institutions from engaging in biomedical research that uses fetal tissue derived from induced abortions. Public hearing on 3/9/01; deadlocked, 4-4, in the Judiciary Committee; prioritized by Senator Erdman; bracketed until Jan. 9, 2002 on 4/11/01.

LB 478 State Education Aid for Poor Districts Support

(Schimek) Proposing to provide additional state aid for education to school districts that have more than 35 percent of their students living in poverty; aimed particularly at the four school districts located on American Indian reservations. Public hearing on February 20; awaiting action by the Education Committee; not prioritized.  Indefinitely postponed (killed) on 5/15/01.

LB 487 Income Tax Credit Support

(Landis) Proposing to institute a refundable state earned-income tax credit for limited-income working families, at a rate of 5% of the federal EITC. Heard by the Revenue Committee, 1/24/01; awaiting action in committee; not prioritized, carried over to next session.

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LB 516 Funds for Affordable Housing Trust Monitor

(Smith, et. al.) Proposing to make permanent the policy of earmarking one dollar of each transaction for which documentary stamp tax is collected for the Affordable Housing Trust Fund and earmarking twenty-five cents of each such transaction for the Homeless Shelter Assistance Trust Fund.  Public hearing on 2/22/01; advanced to General File, 7-0, by the Revenue Committee; advanced to Select File; prioritized by Senator Smith; passed on 5/21/01; approved by Governor Johanns 5/25/01.

LB 530 Mental Health Task Force Support

(Suttle, et. al.) Proposing the behavioral task force, to examine mental-health issues and recommend policy. Public hearing on 2/1/01; advanced to General File, 5-0, by the Health and Human Services Committee; awaiting first-round floor debate; not prioritized; carried over to next session.

LB 543 Governor's Budget Support w/ restrictions

(Kristensen at request of Governor) Proposing the State’s operating budget for the upcoming biennium (FY 02; FY 03). NCC position: Supporting additional funding for the textbook-loan program; supporting first-time funding for the teacher loan-forgiveness program; supporting increased funding for substance abuse prevention and treatment; monitoring to ensure that funds for family-planning clinics are restricted to non-abortion-related treatments and activities; and monitoring numerous other items in the budget. Public hearing on 2/20/01; awaiting action by the Appropriations Committee; super priority bill; presented to 5/8/01; approved by Governor Johanns 5/14/01 with line item vetoes.

LB 566 Prohibit Use of Term "Fetus" Oppose

(Chambers) Proposing to prohibit employees of public schools from using the term "fetus" to refer to or describe a stage of human development during any presentation, including textbooks, and to require them to use the term "unborn child." Public hearing on 2/9/01; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 567 Change Statute references from "unborn child" to "Fetus" Oppose

(Chambers) Proposing to change all references to "unborn child" in the current statutes to "fetus." Public hearing on February 9; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 597 Behavioral Health PSG rates Support

(Hilgert, et. al.) Proposing to increase the pay for behavioral health providers in child welfare programs, juvenile justice programs, the Medicaid program, community mental health and substance abuse programs; and the Medicaid mental health managed care contract. Heard by the Appropriations Committee, 3/13/01. Held by committee; carried over to next session.

LB 613 Mentor Teacher Program Sought Amendment

(Redfield at request of Governor)  Amends the mentor teacher program.  Every first year public school teacher provided with a mentor, every second and third year teacher may participate in the program.  Appropriates funds for distribution to school districts for distribution to mentor teachers and program support.  NCC and NFCSP Position:  Support if amended to include private school teachers.  Hearing held by Education Committee 2/5/01; held by Committee; carried over to next session.

LB 615 Tobacco Settlement Funds Oppose unless restricted

(Kristensen at request of Governor)  Proposing to allocate $16 million annually from the Tobacco Settlement Trust Fund to the University of Nebraska Medical Center, Creighton University and Boys Town National Research Hospital for biomedical research. NCC Position: Oppose, unless it is made clear that no part of funds can be used for, or be linked to, abortive fetal tissue research or embryonic stem cell research. Public hearing on 2/14/01; reported indefinitely postponed, 16-0, by the combined Appropriations and Health and Human Services Committees; modified provisions amended into LB 692, which was advanced to General File; indefinitely postponed (killed) on 3/7/01.

LB 633 Increase Minimum Wage Monitor

(Beutler) Proposing to increase the minimum wage under state law from the current $5.15 per hour to $5.65 effective October 1, 2001 and to $6.15 effective April 1, 2002. Public hearing on March 5; advanced to General File, 5-0, by the Business and Labor Committee; awaiting first-round debate; not prioritized; carried over to next session.

LB 676 Teacher Student Loan Forgiveness Support

(Thompson) Proposing to appropriate $2,710,000 for FY2001-02 and $2,710,000 for FY2002-03 for the Attracting Excellence to Teaching Program, which will implement a program of student-loan forgiveness for teacher-education graduates who agree to teach in Nebraska’s public or private schools. Public hearing on 2/27/01; advanced from Appropriations Committee 4/20/01; funding provisions included in mainline budget bill.  Funding delayed until 7-2003.

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LB 692 Tobacco Settlement Use Monitor

(Byars, et. al.) Proposing as amended, a plan for spending $50 million per year from the national tobacco settlement on four major health-related issues: minority health; biomedical research; health-care-related grants and behavioral health service rates; includes parts form eight separate bills, including LB 615. Public hearing on 2/14/01; amended as described and advanced to General File, 16-0, by the combined Health and Human Services and Appropriations Committees; advanced to Select File; passed on 5/16/01; signed by Governor Johanns 5/16/01.

LB 697 School Safety Grants Monitor

(Robak, Hilgert) Proposing to require that each public school district and each nonpublic school must develop and approve for each school under its jurisdiction a school safety plan, and to assist public school districts and nonpublic schools in meeting this mandate by awarding grants of up to $5000. Public hearing on 3/13/01; held in the Education Committee; not prioritized.

LB 705 Addn'l Funding for HHS Domestic Violence Programs Support

(Beutler) Proposing to add $250,000 for each of FY2001-02 and FY2002-03 to the appropriation for the Department of Health and Human Services, for domestic violence programs. Public hearing on 3/13/01; heard by the Appropriations Committee 3/19/01; $150,000 (FY2001-02 & FY2002-03) added to the mainline budget bill.

LB 708 Teacher Tuition Reimbursement Sought Amendment

(Kristensen) Proposing a tuition reimbursement program to help new public school teachers to repay college tuition. NCC Position: Sought amendment to extend the program to include new teachers in private schools as well. Public hearing on 2/15/01; held in the Education Committee; not prioritized.

LB 710 Income Tax Credit for Teachers Sought Amendment

(Stuhr) Provides a refundable state income tax credit for public school teachers; amount increases from $300 to $900 based upon years of service as recorded by OPS and State School Employees Retirement Systems.  NCC and NFCSP Position:  Neutral, but testified that if a teacher incentive of this nature is adopted, it should be amended to include all teachers, including those employed in non-government schools. Heard in Revenue Committee 2/23/01; indefinitely postponed 3/12/01.

LB 715 Recruiting Educators to Nebraska Act Support

(Redfield) Adopts the Recruiting Educators to Nebraska act; applies to teachers in first, second or third year of teaching in a subject shortage area in Nebraska.  Eligible teachers receive $1,500 per year for each year of eligibility, not to exceed $4,500.  Payment made directly from Dept. of Education to teacher.  Appears to include private school teachers.  Hearing held by Education Committee 2/5/01; held by Committee; carried over to next session.

LB 740 School Violence Prevention Act Monitor

(Landis) Proposing the School Violence Prevention Program Act, to establish a competitive, demonstration grant program to assist public school districts with the development, funding, implementation, maintenance and evaluation of comprehensive conflict management programs. Would appropriate $250,000 each year for fiscal years 2001-02 through 2005-06 to carry out purposes of the Act.  Public hearing on 3/13/01; advanced to General File, 6-1, by the Education Committee; prioritized by Senator Landis; placed on General File 3/27/01; indefinitely postponed 4/2/01.

LB 745 Teacher Student Loan Forgiveness Oppose

(Raikes) Proposing to eliminate non-governmental school teacher participation from Master Teacher program and Attracting Excellence to Teaching Act (forgivable student loan program).  Reduces Master Teacher program stipend to $2,500 per year form $5,000 as originally enacted. Heard by the Education Committee, 2/5/01. Held by committee.

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LB 753 Law Language change to fetus Oppose

(Chambers) Proposing that all references to "unborn child" in Nebraska law be changed to "fetus", and that the Pro Life preamble to Nebraska's abortion laws be repealed.  Heard by the Judiciary Committee, 2/9/01; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 761 Charitable Organization Definition Monitor

(Bourne, Landis) Proposing to expand the definition of "charitable organization" as it relates to the ownership test for exemption from property tax to include "organizations which rent affordable housing to persons of eligible income". Public hearing on 2/9/01; reported indefinitely postponed (killed), 5-0, by Revenue Committee.

LB 795 Gun Safety Lock Monitor

(Beutler, Suttle, Thompson) Proposing to require that all firearms to which minors might have access must be secured with a tamper-resistant safety device or be kept in a securely locked container; any violation would be a Class IV misdemeanor. Public hearing on January 31; awaiting action by the Judiciary Committee; not prioritized; carried over to next session.

LB 799 Teacher Student Loan Forgiveness Oppose

(Raikes) Eliminates private school teacher participation from Master Teacher program and Attracting Excellence to Teaching Act (forgivable student loan program).  Reduces Master Teacher program stipend to $2,500 per year, except for teachers in high poverty schools the stipend is $5,000/year.  Heard by the Education Committee, 1/30/01. Indefinitely postponed (killed) 4/26/01.

LB 802 Legalize Electronic Pickle Cards Monitor

(Robak, Janssen) Proposing to legalize "electronic pickle card" machines. Public hearing on 3/12/01; awaiting action by the General Affairs Committee; not prioritized; carried over to next session.

LB 823 Fetal Wrongful Death Support

(Foley, et. al.)  Proposing the Prenatal Protection Act, for civil law:  to treat an unborn child the same as any other person/victim for purposes of a civil cause of action for wrongful death. Heard by the Judiciary Committee, 3/9/01; awaiting action by committee; not prioritized; carried over to next session.

LB 824 Fetal Homicide Support

(Foley, et. al.)  Proposing the Prenatal Protection Act, criminal law:  to treat an unborn child the same as any other person/victim for purposes of crimes of homicide. Heard by the Judiciary Committee, 3/9/01; placed on General File 4/12/01; Foley prioritized, carried over to next session. 

LB 841 Reinstate Food Sales Tax Oppose

(Brashear) Proposing to impose the sales tax on certain services and to reinstate the sales tax on food, while creating a state income tax credit for food sales tax paid.  Public hearing on 2/21/01; awaiting action by the Revenue Committee; not prioritized; carried over to next session.

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