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

*'s indicate bills carried over from the 2003 Legislative Session.

Bill Number Title Action
*LB 32 Storm Water Utilities & Fees Oppose

(Schrock, Thompson) Proposing to grant governing boards of local governmental subdivisions authority to impose fees [e.g. based upon impervious (paved) land area] in lieu of taxes, to raise revenue for storm water management programs. Religious, educational and charitable properties not exempted.   NCC Position: Oppose. See testimony. 

Status: Introduced Jan. 9, 2003 by Sen. Ed Schrock; public hearing, Jan. 29, 2003; prioritized by Natural Resources Committee, March 6, 2003; reported advanced to General File w/AM811 by the Natural Resources Committee, 7-1, March 14, 2003; bracketed until 1/1/04, 35-0-14, May 19, 2003; further bracketed until 1/29/04 by unanimous consent, Jan. 27, 2004; re-prioritized by the Natural Resources Committee, Feb. 17, 2004; some General File debate on Feb. 3 and April 8, but no vote to advance; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.  

*LB 172 Parental Notification Law Change Support

(Foley, Erdman) Proposing to repeal Section 71-6909, so that public school districts would no longer be required to annually provide information to students in grades seven through 12 regarding parental notification for abortion and also information about the judicial bypass of such notification. NCC Position: SupportSee testimony.

Status: Introduced Jan. 10, 2003 by Sen. Mike Foley; public hearing, March 4, 2003; reported advanced to General File w/o amendment by the Education Committee, 7-0-1, March 14, 2003; prioritized by the Speaker, March 17, 2003; ruled non-germane as an amendment to LB 249 and bracketed to 1/1/04 by unanimous consent, May 22, 2003; motion to recommit to committee failed, 0-32-17, Jan. 12, 2004; motion to invoke cloture prevailed, 38-8-3, Jan. 13, 2004; motion to bracket failed 2-40-7, Jan. 13, 2004; advanced to Select File w/o amendment, 38-4-7, Jan. 13, 2004; motion to invoke cloture prevailed, 37-7-5, Feb. 3, 2004; advanced to Final Reading, 35-4-10, Feb. 3, 2004; Passed on Final Reading, 33-7-9, March 25, 2004; Approved by Governor, March 31, 2004.  

*LB 239 Eligibility of Medicaid-Children Monitor

(Jensen) Proposing to require the Department of Health and Human Services Finance and Support to establish a resources/assets test to be used to determining eligibility for the poverty-level Medicaid programs for children. This includes the program for pregnant women and children (up to 150% of FPL); children ages 1-5 (up to 133% of FPL); children ages 6-18 (up to 100% FPL); and pregnant women and children under 19 (up to 185% FPL). The requirement of a resource test would decrease the number of children qualifying for medical assistance and "save money." NCC Position: Monitor

Status: Introduced Jan. 13, 2003 by Sen. Jim Jensen; public hearing Jan. 30, 2003; not prioritized; carried over to 2004; no action by the Health and Human Services Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 265 Handguns Monitor

(Tyson, et. al.) Proposing the Concealed Handgun Permit Act, authorizing individuals to obtain a permit to carry a concealed handgun under certain prescribed conditions. NCC Position: Monitor

Status: Introduced Jan. 13, 2003 by Sen. Gene Tyson, et. al.; prioritized by Sen. Tyson, Jan. 28, 2003; public hearing Feb. 6, 2003; reported advanced to General File w/AM768 by the Judiciary Committee, 6-2, March 25, 2003; motion to invoke cloture prevailed, 33-13-3; advanced to Select File as amended by FA1224 (Chambers) and AM768 (committee), 31-14-4, April 1, 2003; carried over to 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 270 Hate Crimes Monitor

(Chambers, Brashear) Proposing to change provisions relating to discrimination-based offenses by allowing the jury to hear the underlying criminal offense and the discrimination-based allegation during the prosecution’s case in chief, thereby bringing the hate-crimes statute into compliance with the U.S. Supreme Court’s ruling in Ring v. Arizona. NCC Position: Monitor.

 Status: Introduced Jan. 13, 2003 by Sens. Ernie Chambers and Kermit Brashear; public hearing Jan. 29, 2003; reported advanced to General File w/AM317 by the Judiciary Committee, 6-1-1, Feb. 11, 2003; prioritized by the Judiciary Committee, March 12, 2003; AM317 (committee) adopted May 22, 2003; carried over to 2004; motion to bracket (Foley) failed, 5-28-16, Jan. 14, 2004; Advanced to Select File as amended by AM317 (committee) and AM2019 (Brashear), 28-0-21, Jan. 28, 2004; advanced to Final Reading as further amended by AM2215 (Beutler) and AM2441 (Brashear), vv, Feb. 11, 2004; Passed on Final Reading, 41-4-4, Feb. 25, 2004; Approved by Governor, March 2, 2004.

*LB 278 Elevator Regulation Sought Amendment

(Synowiecki, Vrtiska) Proposing the so-called "Elevator Safety Act" to put formal inspection and licensing standards into the state’s elevator code. Applies to all "conveyances" and to the design, construction, operation, inspection, testing, maintenance, alteration and repair of conveyances, including those located in churches and schools. Authorizes fees for all requirements. Introduced on behalf of the Elevator Industry Workers union. NCC Position: Sought amendment to clarify application to insurance inspections. 

Status: Introduced Jan. 13, 2003 by Sens. John Synowiecki and Floyd Vrtiska; public hearing Feb. 3, 2003; prioritized by the Speaker, March 17, 2003; reported advanced to General File w/o am, 5-1-1, May 28, 2003; carried over to 2004; prioritized by Sen. Preister, Feb. 9, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 308 Organize Workers Protection Act Monitor

(Connealy) Proposing the Non-English-Speaking Workers Protection Act to recognize and safeguard the rights of immigrants working in the meatpacking industry. NCC Position: Monitor

Status: Introduced Jan. 13, 2003 by Sen. Matt Connealy; public hearing Feb. 3, 2003; not prioritized; carried over to 2004; no action by the Business and Labor Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions amended by AM224 into LB 418, which passed March 27, 2003.

*LB 341 Teacher Tuition Reimbursement Act Oppose w/o amendment

(Bourne) Proposing the Teacher Tuition Reimbursement Program Act, to provide public school teachers with post-graduate tuition reimbursement in exchange for commitment to continue teaching in public schools. NCC Position: Sought amendment to prevent discrimination against private-school teachers. 

Status: Introduced Jan. 14, 2003, by Sen. Pat Bourne; public hearing March 3, 2003; not prioritized; carried over to 2004; no action by the Education Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 368 Grocery Sales Tax Oppose

(Baker, Burling, Jones) Proposing to repeal the sales tax exemption now applicable to food, thereby taxing food, but not food purchased by electronic benefits transfer or with food stamps. NCC Position: OpposeSee testimony. 

Status: Introduced Jan. 14, 2003 by Sens. Tom Baker, Carroll Burling and Jim Jones; public hearing Feb. 20, 2003; not prioritized; carried over to 2004; no action by the Revenue Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.   

*LB 391 Minors Monitor

(Erdman, et. al.) Proposing to lower the age of majority from 19 to 18, thereby changing the definition of "minor." NCC Position: Monitor

Status: Introduced Jan. 15, 2003 by Sen. Phil Erdman and three others; public hearing Jan. 30, 2003; not prioritized; carried over to 2004; designated Speaker Priority Bill, Feb. 23, 2004; reported advanced to General File w/AM3247 by the Judiciary Committee, 5-1-2, March 24, 2004; advanced to Select File as amended by FA1667 (Erdman); [AM3247 (committee) lost], 38-0-11; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 397 Sales Tax for Religious Organizations Oppose

(Redfield, Mines)  Proposing to reduce the sales tax rate to 2.8% by adding a variety of services to the tax base and by repealing almost all exemptions, including those currently provided for religious organizations and schools. NCC Position: Oppose

Status: Introduced Jan. 15, 2003 by Sens. Pam Redfield and Mick Mines; public hearing March 6, 2003; not prioritized; carried over to 2004; no action by the Revenue Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 435 Minimum Wage Support

(Beutler)  Proposing to increase the minimum wage in Nebraska from $5.15 per hour to $5.75 per hour in two 30-cent increments over a 12-month period. NCC Position: Support

Status: Introduced Jan. 16, 2003 by Sen. Chris Beutler. Prioritized by Sen. Beutler, Feb. 21, 2003; public hearing March 3, 2003; reported advanced to General File by the Business and Labor Committee, 4-3, March 10, 2003; advanced to Select File as amended by FA1313 (Chambers) and FA1314 (Redfield), 25-16-8, April 16, 2003; carried over to 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 441 Sexual Orientation Monitor

(Chambers)  Proposing to amend the Nebraska Fair Employment Practices Act by adding "sexual orientation" as a protected classification for which discrimination would be prohibited. Would apply to employers with 15 or more employees. Sexual orientation is defined as "having an orientation for heterosexuality, homosexuality, or bisexuality, having a history of such orientation, or being identified with such an orientation." Includes an exclusion from coverage for bona fide religious organizations and would not apply when such discrimination would be necessary as a bona fide occupational qualification. NCC Position: Monitor

Status: Introduced Jan. 16, 2003 by Sen. Ernie Chambers; public hearing Feb. 10, 2003; not prioritized; carried over to 2004; no action by the Business and Labor Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 512 Human Fetal Tissue Support

(Dw. Pedersen, Mossey, Erdman) Proposing to prohibit state-funded institutions from engaging in biomedical research that uses fetal tissue derived from induced abortions. NCC Position: SupportSee testimony.

 

Status: Introduced Jan. 17, 2003 by Sen. Dwite Pedersen; public hearing Feb. 20, 2003; reported advanced to General File w/o am by the Judiciary Committee, 7-0-1, April 7; 2003; not prioritized; carried over to 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.  

 

*LB 526 Lethal Injection Monitor

(Erdman and 25 others, at the request of the Governor) Proposing to change the method of inflicting the death penalty from electrocution to lethal injection for those convicted of capital crimes after the effective date of the bill. Those already sentenced to death would be required to make a written choice between death by electrocution or by lethal injection. NCC Position: Monitor

Status: Introduced Jan. 17, 2003 by Sen. Phil Erdman and 25 others at the request of the Governor; prioritized by Sen. Erdman, Feb. 25, 2003; public hearing March 13, 2003; carried over to 2004; prioritized by Sen. Erdman, Jan. 22, 2004; reported advanced to General File w/o am by the Judiciary Committee, 5-3, Feb. 18, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 559 Driver's Licenses/Immigrants Monitor

(Baker) Proposing to provide authority for the Department of Motor Vehicles to enhance security and reliability of the process for issuing drivers’ licenses and identification cards, including a provision that would cause a license or identification card to automatically expire on the date that INS documents expire. NCC Position: Monitor

Status: Introduced Jan. 21, 2003 by Sen. Tom Baker; public hearing Feb. 3, 2003; reported advanced to General File w/AM496 by the Transportation and Telecommunications Committee, 8-0, Feb. 21, 2003; (amendment would eliminate provision tying licenses and identification cards to INS documents); not prioritized; carried over to 2004; advanced to Select File as amended by FA1429 (Chambers), AM496 (committee), AM2241 (Baker) and FA1430 (Chambers), 28-0-21, Jan. 28, 2004; advanced to Final Reading as further amended by FA1458 (Baker), AM2564 (Thompson), and AM2609 (Baker), vv, Feb. 12, 2004; returned to Select File for AM3417 (Thompson) and re-advanced to Final Reading, vv, April 13, 2004; Passed on Final Reading w/Emergency Clause, 48-0-1, April 15, 2004; Approved by Governor, April 15, 2004. Provisions/portions of LB 1036 amended into the bill by AM3417.

*LB 566 Prohibit Destructive Research on Human Embryos Support

(Foley, Erdman) Proposing to prohibit injury to or destruction of live human embryos in biomedical research; destructive research defined as "medical procedures, scientific or laboratory research, or other kinds of investigation that destroy or injure the subject of the research (human embryos). NCC Position: SupportSee testimony.

Status: Introduced Jan. 21, 2003 by Sen. Mike Foley; public hearing Feb. 20, 2003; reported advanced to General File w/AM1204 by the Judiciary Committee, 7-0-1, April 8, 2003; carried over to 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. 

*LB 602 Ban on Human Cloning Support

(Smith and 35 others) Proposing to ban all forms of human cloning; to make it a Class IV Felony to perform or attempt to perform, to derive any product from, to participate in the performance of or in an attempt to perform, or to implant an embryo produced by, human cloning; applies to both reproductive cloning and somatic cell nuclear transfer (so-called therapeutic cloning). NCC Position: SupportSee testimony.

Status: Introduced Jan. 21, 2003 by Sen. Adrian Smith and 36 others; public hearing Feb. 20, 2003; prioritized March 6, 2003 by Sen. Arnie Stuthman; reported advanced to General File w/AM971 by the Judiciary Committee, 7-0-1, April 7, 2003; bracketed until 1/7/04 by unanimous consent, May 20, 2003; motion to recommit to committee (Chambers) failed, 11-30-8, Jan. 22, 2004; motion to invoke cloture (Smith) failed, 32-12-5, Jan. 22, 2004; prioritized by Sen. Maxwell, Feb. 9, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.  

*LB 671 Domestic Partners Monitor

(Thompson), Proposing specific authorization for domestic partners to be able to control the disposition of the remains of a deceased partner and to and to be able to donate all or part of a partner’s body as an anatomical gift. NCC Position: Monitor

Status: Introduced Jan. 22, 2003 by Sen. Nancy Thompson; public hearing Feb. 20, 2003; not prioritized; carried over to 2004; no action by the Health and Human Services Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Attorney General’s Opinion #03004 issued May 1, 2003 with conclusion that the bill as introduced violates Art. 1, § 29 of the Nebraska Constitution.

*LB 689 Tax Exempt Property Application Oppose

(Redfield), Proposing to require that county assessors place a value on all property for which an exemption is sought on the bases of qualifying ownership and use, beginning with the 2008 exemption application cycle. NCC Position: OpposeSee testimony

Status: Introduced Jan. 22, 2003 by Sen. Pam Redfield; public hearing Feb. 5, 2003; reported advanced to General File w/AM283 by the Revenue Committee, 6-0-2, Feb. 10, 2003; Failed to advance as amended by AM283 (committee), 7-26-16, Feb. 24, 2003; carried over to 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.  

*LB 743 Telephone Solicitation Sought Amendment

(Smith, et. al.), Proposing to restrict telemarketing by creating a statewide "do not call" list to be enforced by the Public Services Commission. Citizens who do not want unsolicited phone calls could list their residential phone number and any regulated call placed to a number on the list would be subject to fines and civil penalties. As originally introduced the bill covered only commercial transactions, but the committee amendment extended it to charitable contribution solicitations as well. NCC Position: Sought amendment to exclude charitable contribution solicitations. 

Status: Introduced Jan. 22, by Sen. Adrian Smith and eight others; public hearing March 3, 2003; prioritized by Sen. Jim Cudaback, March 12, 2003; reported advanced to General File w/AM715 by the Transportation and Telecommunications Committee, 7-0-1, March 12, 2003; advanced to Select File as amended by FA1298 (Beutler) and AM715 (committee), 33-5-11, April 10, 2003; carried over to 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 745 State Newcomers Policy Support

(Connealy, Aguilar, Synowiecki) Proposing to establish a policy statement, the "State Newcomer Policy," that the State of Nebraska will consistently welcome and seek to integrate immigrants into the workforce; does not mandate any specific actions or create liability for any act or omission by any state agency, institution, committee, court or commission regarding their efforts to implement the policy; also, permissive authority is granted for using state resources to develop methods to coordinate services to newcomers. NCC Position: Support

Status: Introduced Jan. 22, 2003 by Sens. Matt Connealy, Ray Aguilar and John Synowiecki; public hearing March 12, 2003; reported advanced to General File w/AM806 by the Government Committee, 6-2-0, March 14, 2003; carried over to 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.  See testimony.  

*LB 776 Rural Economic Development Monitor

(Connealy) Proposing The Main Street Business Development Act, to provide additional resources to proven activities that work in rural communities and urban neighborhoods. Authorities under the Act would be funded by a new Main Street Business Development Fund, using proceeds from an increase in the application fee for the Employment and Investment Growth Act (traditionally known as LB 775), an increase from one-seventh to one-third in the recapture fee for business that fail to meet the EIGA requirements and an increase of 25 cents in the documentary stamp tax. Proceeds in the new fund would be divided between the state General Fund (50%), restoration of funding to the agricultural value-added grant program (25% up to $1 million) and restoration of funding to the Nebraska Micro enterprise Fund (25% up to $250,000 annually). Funding would also be provided to the Affordable Housing Trust Fund for housing in rural areas and urban neighborhoods. The bill also would create a modest small business development tax credit. NCC Position: Monitor

Status: Introduced Jan. 22, 2003 by Sen. Matt Connealy; public hearing Feb. 14, not prioritized; carried over to 2004; reported Indefinitely Postponed by the Revenue Committee, 7-0-1, Feb. 25, 2004.

*LB 781 Death Penalty Prohibition by Race Monitor

(Kruse) Proposing to allow a person convicted of a crime for which there is the possibility of the death sentence to raise a claim of racial bias. The defendant would have the burden of proof to establish by a preponderance of the evidence that race was a significant factor in the decision to seek the death penalty. NCC Position: Monitor

Status: Introduced Jan. 22, 2003 by Sen. Lowen Kruse; public hearing March 13, 2003; not prioritized; carried over to 2004; no action by the Judiciary Committee Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

*LB 791 Death Penalty Repeal Support

(Chambers) Proposing to repeal the death penalty; instead, the maximum sentence for Class I felonies would be life imprisonment without possibility of parole and with order of restitution and the minimum sentence would be life imprisonment; pursuant to the maximum sentence, parole would be prohibited, subject only to the constitutionally based power of the Board of Pardons. NCC Position: Support. See testimony

Status: Introduced Jan. 22, 2003 by Sen. Ernie Chambers; public hearing March 13, 2003; not prioritized; carried over to 2004; no action by the Judiciary Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 818 Women's Health Monitor

(Schimek) Proposing to change the termination date (sunset) for the Women’s Health Initiative Advisory Council from December 31, 2004 to December 31, 2009. NCC Position: Monitor.

Status: Introduced Jan. 7, 2004 by Sen. DiAnna Schimek; public hearing Jan. 21, 2004; reported advanced to General File w/o am by the Health and Human Services Committee, 6-0-1, Feb. 2, 2004; advanced to Select File, 27-0-22, Feb. 26, 2004; advanced to Final Reading as amended by FA1501 (Erdman), vv, March 5, 2004; Passed on Final Reading, 38-0-11, March 11, 2003; Approved by Governor, March 19, 2004.

LB 850 Domestic Assault Monitor

(Mossey, et. al.) Proposing to create the crime of domestic assault in the first, second and third degrees and provide enhanced penalties for second offenses. Crime is defined as intentionally, knowingly or recklessly causing bodily injury or serious bodily injury to an "intimate partner," which is defined as "spouse, former spouse, persons who have a child in common whether or not they have been married or lived together at any time"; and persons who are or were involved in a "dating relationship," which is defined as "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement…but not a casual relationship or an ordinary association between persons in a business or social context." NCC Position: Monitor.

Status: Introduced by Sen. Ray Mossey and 11 others, Jan. 7, 2004; prioritized by Sen. Mossey, Jan. 22, 2004; public hearing Feb. 18, 2004; reported advanced to General File w/AM3195 by the Judiciary Committee, 8-0, March 18, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions of this bill amended by AM3663 into LB 613, which passed.

LB 859 License Plates Oppose w/o amendment

(Vrtiska, Janssen) Proposing to provide for Shriners’ license plates, requiring the Department of Motor Vehicles to design a plate with a facsimile of the Shriner emblems and across the bottom of the design the words, "Shriners Help Children." Pursuant to committee amendments the fee for such plates would be either $15 or $40 depending on the style of plate, and while one-third of the proceeds would be credited to the DMV Cash Fund, the other two-thirds would be credited to a newly established "Shriners Travel and Lodging Assistance Fund," to be administered by the Potentate of Sesostris Shrine. Production could not begin until there were at least 500 prepaid applications. NCC Position: Oppose sans amendment making program available to all 501(c)(3) organizations.

Status: Introduced Jan. 7, 2004 by Sens. Floyd Vrtiska and Ray Janssen; public hearing Feb. 9, 2004; reported advanced to General File w/AM2730 by the Transportation Committee, 5-1-2, Feb. 20, 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 868 School Attendance Age Monitor

(Redfield, et. al.) Proposing to change laws governing mandatory K-12 school attendance. As amended it revises the law effective July 1, 2005 to generally require that children between the ages of six and 18 must be enrolled in a public, private or parochial school. The current requirement applies to children ages seven through 16. Also, provides for confidentiality of information filed with or in possession of any public body regarding private or home-schooled students (AM3669). Also provides immunity from civil liability to school staff trained in accordance with NDE requirements with regard to emergency treatment for severe asthma attacks and allergic reactions (AM3551). NCC Position: Monitor.

Status: Introduced Jan. 7, 2004 by Sen. Pam Redfield and eight others; public hearing Jan. 20, 2004; prioritized by Sen. Redfield, Jan. 22, 2004; reported advanced to General File w/AM2598 by the Education Committee, 8-0, Feb. 12, 2004; advanced to Select File as amended by AM3056 (Stuhr-Raikes-Redfield) and AM2598 (committee), 25-3-21, March 10, 2004; advanced to Final Reading as further amended by AM3096 (Redfield), vv, March 30, 2004; returned to Select File for AM3551 (Raikes), 37-0-12, and re-advanced to Final Reading, vv, April 13, 2004; returned to Select File for AM3669 (Redfield), 30-0-19, and re-advanced to Final Reading, vv, April 13, 2004; Passed on Final Reading, 47-0-2, April 15, 2004; Approved by Governor, April 15, 2004. Provisions/portions of LB 934 amended into LB 868 by AM3056.

LB 875 Child Pornography Monitor

(Mossey, et. al.) Proposing to require that individuals convicted of knowingly possessing a visual depiction of sexually explicit conduct involving a child as a participants or observer to register pursuant to the Sex Offender Registration Act. NCC Position: Monitor.

Status: Introduced Jan. 7, 2004 by Sen. Ray Mossey and three others; public hearing Feb 19, 2004; reported advanced to General File w/AM2871 by the Judiciary Committee, 7-0-1, March 11, 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions of this bill amended by AM2935 (committee) into LB 943, which passed.

LB 879 Planned Giving Tax Credit Support

(Connealy, et. al.) Proposing to establish a state income tax credit for charitable contributions that fit the description of planned giving, and also for actual contributions by corporations to qualified endowments, defined as a permanent, irrevocable fund held by a 501(c)(3) organization. In its original form, the credit would be the actual amount of such contributions on an annual basis, up to a maximum of $10,000. NCC Position: Support.

Status: Introduced Jan. 7, 2004 by Sen. Matt Connealy and 16 others; prioritized by Sen. Connealy, Jan. 22, 2004; public hearing Jan. 28, 2004; reported advanced to General File w/AM2386 by the Revenue Committee, 5-3, Feb. 2, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 921 Adoption Records Monitor

(Burling) Proposing to clarify policy on access to adoption records by heirs of an adopted person applies to all three departments within the NE Health and Human Services System. NCC Position: Monitor.

Status: Introduced Jan. 8, 2004 by Sen. Carroll Burling; public hearing Jan. 21, 2004; reported advanced to General File w/AM2399 by the Health and Human Services Committee, 7-0-1, Feb. 9, 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 931 Housing for Mentally Ill Monitor

Proposing to amend the Affordable Housing Trust Fund so as to authorize rental assistance for chronically mentally ill individuals as one of its permissible uses. NCC Position: Monitor.

Status: Introduced Jan. 8, 2004 by Sen. Pam Redfield at the request of the Governor; public hearing Feb. 5, 2004; reported advanced to General File w/o am by the Health and Human Services Committee, 6-0-1, Feb. 17, 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions of LB 931 amended by AM3059 into LB 1083, which passed.

LB 933 Abandoned Baby-Safe Haven Sought Amendments

(Stuhr, Synowiecki, Vrtiska) Proposing to designate certain agencies, fire stations and police stations as "safe havens" at which anyone could leave a newborn and thereby obtain immunity from criminal liability for child abandonment. NCC Position: Sought amendments.

Status: Introduced Jan. 9, 2004 by Sens. Elaine Stuhr, John Synowiecki and Floyd Vrtiska; public hearing Jan. 28, 2004; not prioritized; no action by the Judiciary Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 943 Child Sexual Assault/SOL Monitor

Proposing to add sexual assault of a child to murder, treason, arson and forgery as the crimes for which there is no statute of limitations; also, other provisions added by amendments. NCC Position: Monitor.

Status: Introduced Jan. 9, 2004 by Sen. Nancy Thompson; prioritized by Sen. Thompson, Jan. 17, 2004; public hearing Feb. 19, 2004; reported advanced to General File w/AM2935 by the Judiciary Committee, 8-0, March 11, 2004; advanced to Select File as amended by AM2935 (committee), 32-0-17, March 23, 2004; Advanced to Final Reading as further amended by AM3563 (Chambers) and AM3597 (Beutler), vv, April 6, 2004; returned to Select File for AM3639, 32-0-17, April 13, 2004; re-advanced to Final Reading, vv, April 13, 2004; Passed on Final reading w/emergency clause, 48-0-1, April 15, 2004; Approved by Governor, April 15, 2004. Provisions/portions of LB 670, LB 874, LB 875 and LB 987 amended into LB 943 by AM2935 (committee); LB 817 amended into LB 943 by AM3563 (Chambers).

LB 958 Assault of the Unborn Support

(Foley, et. al.) Proposing to add the crime of "Assault of an Unborn Child" to the Nebraska Criminal Code. Assault defined as knowing, intentional or reckless conduct that causes serious bodily injury to an unborn child. Follows up on fetal homicide law of last year. NCC Position: Support.

Status: Introduced Jan 9, 2004 by Sen. Mike Foley and four others; prioritized by Sen. Foley, Jan. 22, 2004; public hearing Feb. 18, 2004; reported advanced to General File w/AM3226 by the Judiciary Committee, 7-0-1, March 18, 2004; limited floor debate on April 8, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Attempt to amend this proposal into LB 943 ruled not germane and motion to overrule the chair failed, 18-12-19, April 6, 2004.

LB 959 Assault of the Unborn Support

(Foley, Erdman, Schrock) Proposing to allow for a civil action for damages on behalf of an unborn child who is injured by an assault by another, except for the mother. Follows up on fetal wrongful death law of last year. NCC Position: Support.

Status: Introduced Jan. 9, 2004 by Sens. Mike Foley, Phil Erdman and Ed Schrock; public hearing Feb. 25, 2004; not prioritized; no action by the Judiciary Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 973 T.E.R.C. Authority Sought Amendment

(Landis) Proposing the official request of the Tax Equalization and Review Commission dealing with administration of its act. Generally, it makes most appeal time lines and procedures uniform throughout the statutes and adopts more general language in numerous places to govern all tax appeals to the Commission. Includes changing provisions relating to property tax exemption notices and appeals. NCC Position: Sought amendment pertaining to exemption appeals to TERC.

Status: Introduced Jan. 9, 2004 by Sen. David Landis; public hearing Jan. 22, 2004; reported advanced to General File w/AM2384 by the Revenue Committee, 6-0-2, Feb. 2, 2004; designated a Speaker’s priority bill, Feb. 23, 2004; advanced to Select File as amended by AM3032 (Janssen) and AM2384 (committee; included NCC’s clarification), 30-0-19, March 16, 2004; advanced to Final Reading as further amended by AM3094 (Beutler), AM3225 (Landis) and AM3365 (Landis), vv, March 24, 2004; Passed on Final Reading w/emergency clause, 46-0-3, April 1, 2004; Approved by Governor, April 1, 2004. Provisions/portions of LB 970, LB 971 and LB 972 amended into LB 973 by AM2384 (committee); provisions/portions of LB 984 amended into LB 973 by AM3225 (Landis); provisions/portions of LB 1008 amended into LB 973 by AM3365 (Landis).

LB 980 Gifts of Life Insurance Monitor

(Quandahl) Proposing to expand the definition of ownership of life insurance policies without having an insurable interest in the life of the owner to include IRC §170(c) as well as §501(c)(3) organizations. Section 170(c) includes all entities to which tax deductible contributions may be made, including governmental and quasi-governmental entities that are not included in §501(c)(3). Also, would allow transfer of the ownership of life insurance policies to the exempt entities. NCC Position: Monitor.

Status: Introduced Jan. 9, 2004 by Sen. Mark Quandahl; public hearing Jan. 27, 2004; reported advanced to General File w/o am by the Banking, Commerce, Insurance Committee, 8-0, Jan. 28, 2004; advanced to Select File, 25-0-24, March 11, 2004; advanced to Final Reading, vv, March 24, 2004; Passed on Final Reading, 44-0-5, April 5, 2004; Approved by Governor, April 13, 2004.

LB 984 Prop. Tax Exemptions Sought Amendment

(Revenue Committee) Proposing the official request of the Department of Property Assessment and Taxation for enforcing and administering the property tax laws. Includes changing a term of a document and other provisions relating to property tax exemptions. NCC Position: Sought amendment.

Status: Introduced Jan. 9, 2004 by the Revenue Committee; public hearing Jan. 22, 2004; reported advanced to General File wAM2302 by the Revenue Committee, 7-0-1, Jan. 23, 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions of LB 984 amended by AM3225 (including NCC clarification) into LB 973, which passed.

LB 1005 Health & Human Services Monitor

(HHS Committee) Proposing the annual Dept. of Health and Human Services "clean-up" bill, making numerous changes in laws governing programs implemented and enforced by the agency. Includes changes affecting the following areas: credentialing of health professions; vital records; public health assistance; child support enforcement; estate recovery; foster parents; rural health and medical education fund. NCC Position: Monitor.

Status: Introduced Jan. 12, 2004 by the Health and Human Services Committee; public hearing Jan. 21, 2004; reported advanced to General File w/AM2347 by the Health and Human Services Committee, 7-0, Feb. 2, 2004; prioritized by the Health and Human Services Committee, Feb. 12, 2004; advanced to Select File as amended by AM3047 (Byars), AM2347 (committee), AM3014 (Jensen-Byars), 2623 (Foley), 2910 (Cunningham), 2835 (Jensen) and 2928 (Foley), 31-0-18, March 10, 2004; advanced to Final Reading as further amended by AM3173 (Synowiecki), AM3187 (Cunningham), 3134 (Jensen) and 3135 (Jensen), vv, March 23, 2004; Passed on Final Reading w/emergency clause, 49-0-0, April 14, 2004; Approved by Governor, April 15, 2004. Provisions/portions of LB 598 and LB 1179 amended into LB 1005 by AM2835 (Jensen); provisions/portions of LB 929 amended into LB 1005 by AM3187 (Cunningham); provisions/portions of LB 941 amended into LB 1005 by AM3134 (Jensen); provisions/portions of LB 942 amended into LB 1005 by AM3135 (Jensen); provisions/portions of LB 1054 amended into LB 1005 by AM2910 (Cunningham); provisions/portions of LB 1155 amended into LB 1005 by AM2928 (Foley); provisions/portions of LB 1159 amended into LB 1005 by AM3173 (Synowiecki); provisions/portions of LB 1198 amended into LB 1005 by AM3014 (Jensen-Byars); provisions/portions of LB 1240 amended into LB 1005 by AM2623 (Foley).

LB 1036 Organ Donor Registry Monitor

(Thompson, et. al.) Proposing to establish the Nebraska Organ and Tissue Donor Registry, administered by a federally designated organ procurement organization, to list the names of residents who have designated themselves as potential donors on their driver’s licenses. The Dept. of Motor Vehicles would have a duty to electronically transfer certain information to the designated organization. NCC Position: Monitor.

Status: Introduced Jan. 13, 2004 by Sen. Nancy Thompson and three others; public hearing Jan. 28, 2004; reported advanced to General File w/AM2504 by the Health and Human Services Committee, 6-0-1, Feb. 11, 2004; not prioritized; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions of LB 1036 amended by AM3417 (Thompson) into LB 559, which passed.

LB 1070 Welfare Eligibility Oppose

(Jensen) Proposing to eliminate the current two-year time limit on welfare assistance, which can be restored from time off welfare, and replace it with a lifetime limit of sixty months; and also to eliminate post-secondary education as a permissible work-related activity. NCC Position: Oppose.

Status: Introduced Jan. 14, 2004 by Sen. Jim Jensen; public hearing Jan. 29, 2004; not prioritized; no action by the Health and Human Services Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 1083 Behavioral Health Reform Support

(Jensen) Proposing to start the process of major reforms in the State’s behavioral health system, including proposals to close the Hastings and Norfolk Regional Centers in favor of community-based services; funding to be accessed through these closings and also from Federal Medicaid matching and state appropriations. NCC Position: Support.

Status: Introduced Jan. 14, 2004 by Sen. Jim Jensen; prioritized by Sen. Jensen, Jan. 22, 2004; public hearing Feb. 25, 2004; reported advanced to General File w/AM2889 by the Health and Human Services Committee, 6-1-0, March 3, 2004; advanced to Select File as amended by FA1571 (Pederson), FA1573 (AM2889 division), AM3329 (Jensen et. al), FA1574 (AM2889 division), FA1575 (AM2889 division), FA1576 (AM2889 division), FA1577 (AM2889 division), FA1578 (AM2889 division), AM3059 (Redfield), AM3102 (Jensen) and FA1579 (AM2889 division), 39-1-9, March 23, 2004; advanced to Final Reading as further amended by AM3443 (Byars-Jensen) and AM3560 (Jensen), vv, April 6, 2004; Passed on Final Reading w/emergency clause, 44-2-3, April 14, 2004; Approved by Governor, April 14, 2004. Provisions/portions of LB 710, LB 931 and LB 1145 amended into LB 1083 by AM 3102, AM3059 and AM3443 respectively.

LB 1086 Initiative 300 Task Force Oppose

Proposing to authorize the Governor to appoint a task force of approximately 18 persons with various backgrounds and expertise to examine that part of the State Constitution that bans non-family corporate agriculture and to make recommendations to the Legislature on its effects and possible modifications. NCC Position: Oppose. Status: Introduced Jan. 15, 2004 by Sen. Bob Kremer and five others; prioritized by Sen. Jim Jones, Jan. 22, 2004; public hearing Feb. 17, 2004; reported advanced to General File w/AM2776 by the Agriculture Committee, 5-2-1, Feb. 26, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 1089 Mainline Budget Monitor

(Bromm at Governor's Request) Proposing mid-biennium adjustments and modifications in the FY03-05 appropriations for state aid and operation of state government. NCC Position: Monitor.

Status: Introduced Jan. 15, 2004 by Speaker Curt Bromm at the request of the Governor; public hearing Feb. 2, 2004; reported advanced to General File w/AM3033 by the Appropriations Committee, 8-0-1, March 16, 2004; advanced to Select File as amended by AM3216 (Chambers) and AM3033 (committee), 25-6-18, March 18, 2004; advanced to Final Reading as further amended by AM3263 (Wehrbein), AM3446 (Wehrbein) and AM3460 (Wehrbein), vv, March 30, 2004; returned to Select File for AM3519, 28-0-21, April 2, 2004; re-advanced to Final Reading, vv, April 2, 2004; Passed on Final Reading w/emergency clause, 39-7-3, April 7, 2004; Approved by Governor with one line-item veto, April 13, 2004. Provisions/portions of LB 917, LB 1051, LB 1144 and LB 1150 (funding only) amended into LB 1089 by AM3033.

LB 1110 Food Stamps Support

(Connealy) Proposing to require the Dept. of Health and Human Services to utilize any and all options and waivers available under the Federal Food Stamp program; also, to provide that Nebraska residents in "labor surplus waiver areas" have ability to obtain basic subsistence benefits without any additional expenditure of state funds. NCC Position: Support. Status: Introduced Jan. 16, 2004 by Sen. Matt Connealy; public hearing Jan. 29, 2004; not prioritized; no action by the Health and Human Services Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 1145 Substance Abuse Counselors Support

(Jensen) Proposing to change the regulation of drug and alcohol counselors from the current certification under the Office of Mental Health, Substance Abuse and Addiction Services to licensure under the Uniform Licensing Law administered by the Dept. of Health and Human Services Regulation and Licensure. NCC Position: Monitor.

Status: Introduced Jan. 20, 2004 by Sen. Jim Jensen; public hearing Feb. 5, 2004; prioritized by the Health and Human Services Committee, Feb. 20, 2004; reported advanced to General File w/AM2702 by the Health and Human Services Committee, 7-0, Feb. 25, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions of LB 1145 amended by AM3443 into LB 1083, which passed.

LB 1153 Education Funding Oppose w/o amendment

(Byars) Proposing to change the allocation of the State Lottery’s Education Innovation Fund so that it would be used for a beginning teacher (first three years) mentoring and induction program, and a highly qualified teacher program. The new program would be available to teachers employed by a public school district, an Educational Service Unit or a school operated by the State of Nebraska, but not private school teachers. NCC Position: Oppose, unless amended to provide eligibility for private-school teachers.

 Status: Introduced Jan. 20, 2004 by Sen. Dennis Byars; public hearing Feb. 23, 2004; not prioritized; no action by the Education Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 1157 Earned Income Tax Credits Monitor

(Landis) Proposing to exempt the full amount of any Federal or state earned income tax credit refund from execution in bankruptcy and from garnishment, attachment and all creditor claims. NCC Position: Monitor.

Status: Introduced Jan. 20, 2004 by Sen. David Landis; public hearing Feb. 6, 2004; reported advanced to General File w/o AM by the Judiciary Committee, 7-0-1, Feb. 17, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004. Provisions/portions of LB 1157 amended by AM2906 into LB 1207, which passed.

LB 1176 Electrical Consumption Charge Oppose

(Mines, et. al.) Proposing to establish the Statewide Communications Authority of Nebraska and to authorize it to levy a public safety communications charge upon the consumption of electricity in an amount not exceeding 50 cents per month for residential customers and $2 per month for non-residential customers; funds would be used for the design, development, construction, operation, maintenance and management of a statewide interoperable wireless communications system for public safety and utility personnel. NCC Position: Oppose.

Status: Introduced Jan. 21, 2004 by Sen. Mick Mines and four others; prioritized by Sen. Gene Tyson, Jan. 22, 2004; public hearing Feb. 25, 2004; no action by the Revenue Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 1201 Cemetery Registry Oppose

(Janssen, Vrtiska) Proposing to create a Statewide Cemetery Registry and to mandate that all cemeteries in Nebraska, including those operated by churches, file information with the registry and update it every ten years. NCC Position: Oppose.

Status: Introduced Jan. 21, 2004 by Sens. Ray Janssen and Floyd Vrtiska; public hearing Feb. 2, 2004; reported advanced to General File w/AM2489 by the General Affairs Committee, 8-0, Feb. 9, 2004; prioritized by the General Affairs Committee, Feb. 20, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 1248 Education Financing Suggested Amendments

(Maxwell) Proposing to eliminate property taxes as a funding source for K-12 public school operations, to have the state assume all special education and alternative education costs, to replace the existing state-aid to schools formula with a flat per-pupil amount increased annually by inflation, and to replace school property taxes and state aid with a new state tax based on taxable income and 50 percent of property valuation. NCC Position: Suggested amendments to maintain neutrality with regard to non-governmental education.

Status: Introduced Jan. 21, 2004 by Sen. Chip Maxwell; public hearing Feb. 2, 2004; not prioritized; no action by the Education Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 1253 Community Corrections Monitor

(Synowiecki, et. al.) Proposing the Department of Community Corrections Act, to merge the Office of Probation Administration and the Office of Parole Administration into a new Dept. of Community Corrections, effective July 1, 2005. NCC Position: Monitor.

Status: Introduced Jan. 21, 2004 by Sen. John Synowiecki and eight others; prioritized by Sen. Synowiecki Jan. 22, 2004; public hearing Feb. 20, 2004; reported advanced to General File w/AM3429, March 24, 2004; no further action; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 10CA Death Penalty/Parole Monitor

(Beutler) Proposing to place before the voters a question of amending the state constitution to limit the ability of the Board of Pardons to pardon offenders sentenced to life imprisonment without parole; the Board would be prohibited from pardoning a sentence of life without parole unless the Board unanimously finds that the offender is so infirm, disabled or elderly that he no longer poses a threat to the public, or that there is reasonable doubt as to the prisoner’s guilt as a result of newly discovered evidence. NCC Position: Monitor.

Status: Introduced Jan. 13, 2003 by Sen. Chris Beutler; public hearing March 13, 2003; not prioritized; carried over to 2004; no action by the Judiciary Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

LB 228CA Education Financing Monitor

(Maxwell) Proposing to amend the Nebraska Constitution to authorize a state tax on real property to fund the free instruction in the "common schools" and to eliminate local property tax as a funding source for that purpose; (a companion measure to LB 1248). NCC Position: Monitor.

Status: Introduced Jan. 21, 2004 by Sen. Chip Maxwell; public hearing Feb. 20, 2004; not prioritized; no action by the Revenue Committee; Indefinitely Postponed by virtue of adjournment sine die, April 15, 2004.

 

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