THE CONFERENCE:

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making (1/06)

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Education-Related Bills in Blue;   Pro Life -Related Bills in Green

(Schrock, Thompson) proposes to provide municipalities, counties and natural resource districts with authority to establish storm water utilities and to charge property owners with fees, in lieu of taxes, for "use" of this utility, presumably based on the respective amount of roof surface and paved surface, and for the establishment of storm water management programs. The Natural Resources Committee conducted a public hearing on Jan. 21.  Advanced to General File March 14, Natural Resources Committee priority bill.  NCC is opposed to this bill as it now stands, because it fails to abide by and honor the traditional property tax exemptions for property that meets the ownership and use requirements for religious, charitable, educational and cemetery property. Testimony to this effect was presented at the public hearing. See testimony.

(Brashear, Bourne, Dw. Pedersen) proposes to promote community-based corrections as an alternative to incarceration for non-violent offenders. This is intended in part to address Nebraska’s increasingly serious problem of overcrowded conditions in the penal institutions. The Judiciary Committee conducted a public hearing on this bill on Feb. 13.  Advanced to Final Reading, April 10.  NCC is monitoring this legislation closely, as Catholic teaching on criminal justice and restorative justice generally favors community-based corrections.  Approved by Governor on May 23, 2003.

(Schrock, Byars, Maxwell, Schimek, Thompson) proposes to repeal the current requirement of consent of next of kin to effectuate a deceased person’s document authorizing donation of all or part of his/her body pursuant to the Anatomical Gift Act; in other words, to effectuate the first person’s donor intent, as evidenced by the donor document, without post-mortem consent on the part of next of kin. It would maintain, and not affect, the current ability under law for next of kin to make an organ donation if the decedent had not stated intent to do so.  NCC is monitoring this legislation.  NCC pointed out to the Health and Human Services Committee that, as introduced, the bill presumably would have allowed a minor to execute an organ donation document and would have made that first-person donor intent trump any involvement by the minor’s parents. An amendment from the committee changes current law so that only an individual 18 years or age or older can execute a donor document.  The Health and Human Services Committee conducted a public hearing on this bill on Jan. 23.  The bill was advanced to General File with a recommended committee amendment.  On General File the committee amendment was adopted.  Approved by the Governor March 20.  

(Foley, Erdman) proposes to change current law as it pertains to parental notification for abortion. Current law requires that on or before October 1 each year, every public school district is required to provide written information to all students in grades 7-12 explaining the law that requires parental notification before a minor can obtain an abortion. The information must also explain the procedures for seeking a judicial waiver of the parental notification requirement. This bill would repeal these requirements for school districts. The Education Committee will conducted a public hearing on this bill on March 3.  Placed on General file on March 14.  Speaker Priority Bill on Marcy 17, 2003.  NCC supports LB 172.

(Jensen) proposes to authorize the Department of Health and Human Services Finance and Support to establish and implement a resource (assets) test to be used in determining eligibility for the program that provides Medicaid coverage for children. Under current law, there is only an income test. The Health and Human Services Committee conducted a public hearing on the bill Jan. 30.  Action by the committee is pending.  NCC is monitoring this legislation and is concerned about the potential impact it could have on medical assistance for low-income children and pregnant women.

(Stuhr, Pederson, Raikes)  The amendment, AM 1462, struck the original provisions of LB 249 in their entirety and added new language to the option enrollment statute, Section 79-235, as follows:

"In determining eligibility for extracurricular activities as defined in section 79-2, 126, the option student shall be treated similarly to other students who transfer into the school from another public, private, denomination, or parochial school."

The amendment was co-sponsored by Senators Bromm, Raikes and Hartnett.  During the floor discussion on the amendment, Senator Bromm stated on the record that it was his intent that transfers from public schools to private schools should be treated the same by the NSAA as transfers from private schools to public schools.  He also inquired of Senators Stuhr and Raikes if that was also their intent with respect to amendment.  Both Senator Stuhr and Raikes if confirmed on the record that they agreed with Senator Bromm's intent that the same rule should apply.  All three senators expressed their hope/expectation that the NSAA would implement similar transfer rules regardless of the the type of school involved in the transfer.  Advanced as amended from General File, April 24.  APPROVED BY GOVERNOR ON MAY 28, 2003.

(Raikes, Pederson) Change Option Enrollment deadline to July 1; option students treated same as resident students for all purposes, i.e., no restrictions on eligibility to participate in extra-curricular activities. NSAA rules applicable to private school transfers could be amended to conform to statutory changes applicable to public schools.  Held in Education Committee.  Killed May 20, 2003.

(Landis) Adding a 2% surtax to liquor.  Placed on General File, March 6.  Revenue Committee priority bill.   Approved and signed by Governor May 30, 2003

(Foley, and 29 others)  proposes to amend state law regarding causes of action for wrongful death. Under current law, whenever the death of a person is caused by the wrongful act, neglect or default (negligence) of any person, company or corporation, the victim’s next of kin are authorized to initiate a civil-law cause of action for damages; this is known as a wrongful death action. The Nebraska Supreme Court, in a series of cases, has ruled that an unborn child is not recognized or considered a victim for purposes of this law. This bill proposes to remedy that deficiency by specifically including "an unborn child in utero at any stage of gestation" for purposes of a civil-law cause of action for wrongful death. The Judiciary Committee conducted a public hearing on this bill on Feb. 12.  Passed to Select File 3-12-03 by  a vote of 32-1.  Passed April 11 voted 43-0-6, approved by Governor April 16.    NCC supports this bill and testified in favor of it at the public hearing. See testimony.

(Price, Byars, Hudkins, Schimek, Stuhr, Thompson) proposes to mandate that every individual and group health insurance plan or program issued or renewed in Nebraska, which provides any drug benefits, must include coverage for prescription contraceptive drugs and devices, including those that have an abortifacient mode of action, and for outpatient contraceptive services. The bill purports to provide an exception for "religious employers, " but that provision is vague, if not totally bogus. The Banking, Commerce and Insurance Committee is scheduled held a public hearing on this bill on March 3. Indefinitely postponed (killed) March 11.  NCC opposed this bill, primarily because it impinges upon rights of conscience and religious freedom. 

LB 308 (Connealy) proposes to repeal the "sunset clause" that, under current law, is scheduled to terminate the position of Meatpacking Industry Workers Rights Coordinator, within the Nebraska Department of Labor on June 30, 2004. The bill also proposes to consolidate and organize state law provisions into a new "Non-English-Speaking Workers Protection Act." The Business and Labor Committee conducted a public hearing on this bill on Feb. 3.  Action by the committee is pending. NCC is monitoring this legislation. Another bill, LB 418 also proposes to repeal the "sunset" on the coordinator position, but does not include the other provisions.  Portions of LB 308 were amended into LB 418.  LB 418 was passed and approved by Governor on April 2, 2003.

(Thompson) Adding a 2% surtax to gross receipts of liquor for substance abuse.  Indefinitely postponed, March 19.    

(Jensen, Burling, Jones, Kremer, Kruse, Pedersen, Schorck, Stuhr, Tyson)  Provide funding for substance abuse treatment and programs via an alcohol tax.  Indefinitely postponed, March 19. 

(Bourne) Provides public school teachers with the right to negotiate 5 "extended contract days" to be used for curriculum development, teaching or administering before/after/summer school programs, etc. with funding provided from lottery proceeds beginning in 2005. Repeals Master Teacher Program, Attracting Excellence to Teaching Program, Mentor Teacher Program, and all other education programs identified as lottery funded.  Held in Education Committee.

(Bourne) Adopts the Teacher Tuition Reimbursement Act; provides public school teachers with reimbursement for up to nine credit hours of post-graduate study in exchange for commitment to teach one additional year in any Nebraska public school.   Held in the Education Committee. 

(Baker, Burling, Jones) proposes to reinstate the sales tax on home-prepared food (groceries). As introduced, it does not include an offsetting income tax credit. The bill does not earmark a use for the additional revenue that would be paid to the state; presumably it would go directly into the General Fund. The Revenue Committee will conduct a public hearing on this bill on Feb. 20. NCC has had a consistent, longstanding position opposing the reinstatement of sales tax on food, because of the regressivity of the tax. Low-income families pay a higher percentage of their income for food and would be unjustly affected by this tax.  See testimony.  Carried over to 2004 session, in Revenue Committee.

(Louden, Burling, Jones, Stuthman) proposes to reinstate the sales tax on home-prepared food (groceries) and would earmark the additional revenue that would be paid to the state for the School Aid Distribution Fund. The bill does not include an offsetting income-tax credit. The Revenue Committee is scheduled to conduct a public hearing on this bill on Feb. 20. NCC opposes this bill.  See testimony.  Killed May 1, 2003 by Revenue Committee.

(Redfield, Mines)  Repeal state tax exemptions for Religious Organizations.  See testimony.  Carried over to 2004 session.

(Bourne at request of Governor) Appropriates funds for operations of state government for 2003-2005 biennium. Appropriates $351,259 for textbook loan program for each year of the biennium, a 10% reduction from the current year's appropriation.  On General File.  Passed by legislature.  Vetoed by Governor on May 26, 2003.  Override voted for on May 27, 2003.  Became law.

(Bromm, at the request of the Governor) proposes to further reduce eligibility for Medicaid coverage, in addition to the reductions made during prior legislative sessions. Among the health care services this would eliminate from coverage would be adult dental services, eligibility for low-income persons 19 and 20 years of age, and presumptive eligibility for children and pregnant women. It is estimated that these reductions would save approximately $14.6 million in state expenditures over the next two fiscal years. The Health and Human Services Committee conducted a public hearing on this bill on Jan. 30. Placed on General File, April 2. NCC is monitoring this legislation closely, and is particularly concerned about the proposed elimination of presumptive eligibility for pregnant women and children. This policy could result in a delay in pre-natal care, for one thing.  Passed and signed by Governor on May 26, 2003.

(Bromm, at the request of the Governor) proposes to change current policy as it relates to reimbursement rates for childcare provided on behalf of qualifying low-income families. Under current law, the Department of Health and Human Services is required to carry out a market rate survey of child care providers every two years and to adjust the reimbursement rate that the state pays to providers to not less than the 60^th percentile, nor more than the 75^th percentile, of the market as determined by the survey. This bill would such action by the Department discretionary rather than mandatory. The Health and Human Services Committee conducted a public hearing on this bill on Feb. 5. The committee advanced the bill to General File on Feb. 11, with a recommended amendment, which would allow the Department to freeze childcare reimbursement rates for the 2003-2005 biennium at the FY 2003 level. Floor debate on the bill is pending. NCC is monitoring this legislation closely. Childcare support is extremely important for low-income working families that are striving to become self-sufficient.  Passed and signed by Governor on May 26, 2003.

LB 512 (Dw. Pedersen, Mossey, Erdman) proposes to prohibit all state governmental entities, including the University of Nebraska Medical Center, and political subdivisions, and anyone employed thereby, from any use of human fetal tissue derived from induced abortions. The Judiciary Committee conducted a public hearing on this bill on Feb. 20.  Placed on General File on April 7.  NCC supports this bill, because it would prohibit collaboration and complicity between research activities conducted by governmental entities and the evil act of abortion.

Carried over to 2004 session.

(Erdman and 25 others, at the request of the Governor) proposes to change the method of inflicting the death penalty in Nebraska from electrocution to lethal injection. The Judiciary Committee conducted a public hearing on this bill on March 13. Erdman Priority Bill.  NCC is monitoring this bill, and supports repealing the death penalty in favor of life imprisonment without parole and with mandatory restitution, and therefore does not take a position on the method of carrying out the penalty.

(Erdman) Provides for part-time enrollment and for participation by exempt students in public school courses and activities. Exempt student is defined as a student enrolled in a private, denominational or parochial school which elects not to meet state accreditation or approval requirements pursuant to section 79-1601.  Held in Education Committee.  Killed May 29, 2003.

(Foley, Erdman) proposes to create the offense of destructive research on a human embryo, making it a Class I misdemeanor to intentionally or knowingly carry out medical procedures, or scientific or laboratory research that destroys or injures any human embryo, or to buy, sell, receive or transfer any human embryo with the knowledge that the embryo will be subjected to destructive research. The Judiciary Committee conducted a public hearing on the bill on Feb. 20.   Placed on General File on April 8.  NCC supports this bill.

(Smith and 35 others) proposes to prohibit all forms of human cloning, whether for purposes of reproduction or research.  This bill would prohibit three things: 1) Using somatic cell nuclear transfer (cloning technique) to make human embryos for any reason; 2) Deriving any product (e.g stem cells) from cloned embryos produced outside Nebraska; and 3) Implanting a cloned human embryo produced outside Nebraska into a women’s womb.  The Judiciary Committee conducted a public hearing on this bill on Feb. 20.  Placed on General File, April 7th.  Stuthman Priority Bill.  NCC supports this bill.

(Jensen, Tyson) proposes to require a one-time fee of $200 as an additional requirement for receiving a tax exemption for any vehicle. The Revenue Committee conducted a public hearing on this bill on Feb. 5. Indefinitely postponed, March 19.  NCC opposes this bill because there are already ownership and use conditions that govern eligibility for tax exemption for religious, charitable, educational and cemetery organizations and this fee is unnecessary and excessive.

(Redfield), as introduced, proposes to require that the owners of all property for which a religious, charitable, or educational property tax exemption application is filed, or an intervening-year affidavit of continued use, must submit an estimate of the property’s value. The Revenue Committee conducted a public hearing on this bill on February 5. On February 10, the committee advanced the bill to General File with a recommended amendment that would change the bill to mandate that each county assessor establish a value for all such property every four years beginning in 2008.  Failed to advance from General File, February 24th.  NCC opposes this bill. Establishing a value for property that has been taken through all steps of the exemption process and, at the conclusion thereof, ruled to qualify for exemption is unnecessary and irrelevant; a waste of time and resources. This is a nuisance bill, intended, at least in part, to focus attention on the loss of revenue resulting from the granting of these traditional exemptions and to make these exemptions a scapegoat for high property taxes.  See testimony. Carried over to 2004 session, but not likely to be taken up.

(Connealy, Aguilar, Synowiecki) proposes to establish a state newcomers policy, to ensure that policies and procedures are welcoming of immigrants who locate in Nebraska. The Government Committee conducted a public hearing on this bill on March 12.  Placed on General File, March 14.   NCC supports this measure, because the concept is consistent with the Church’s social teaching on the having a welcoming attitude toward immigrants and refugees.  See testimony.  Carried over to 2004 session.

(Kruse) proposes to prohibit any application of the death penalty on the basis of race. The Judiciary Committee held a public hearing on this bill on March 13.  NCC is monitoring this bill at this time, still trying to figure out its nature, scope and relevant application. There is evidence that race can be a factor in imposition of the death penalty, but the best and most appropriate response is to repeal the death penalty.  Carried over to 2004 session.

(Chambers) proposes to repeal statutory authority for imposing the death penalty and replacing it as a possible punishment for first-degree murder with imprisonment for life without possibility of parole and with mandatory restitution of the surviving family of victims. The Judiciary Committee held a public hearing on this bill on March 13. NCC supports this bill.  See testimony.  Carried over to 2004 session.

LR10CA (Beutler) proposes to amend the Nebraska Constitution to restrict the authority of the State Board of Pardons (Governor, Attorney General, Secretary of State) so that the board could not pardon or commute the sentence of an offender sentenced to life imprisonment without parole unless the board is unanimous in deciding that the offender is elderly, permanently infirm, or permanently disabled and poses no threat to public safety of that newly discovered evidence creates a reasonable doubt as to the offender’s guilt. The idea is to buttress the policy behind sentences of life imprisonment without possibility of parole, thereby making the death penalty even more unnecessary. The Judiciary Committee will hold a public hearing on this proposed constitutional amendment on March 13. NCC is monitoring this legislation and considering its relationship to, and impact on, the policy of capital punishment. Carried over to 2004 session in Judiciary Committee.