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THE CONFERENCE:Candidate Survey (11/2006) making (1/06) Statement (2/05) -Capitol Correspondent:
********* Life Insight: Columns-2008
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First Session of the 99th Nebraska Unicameral Legislature, 2005 Education-Related Bills in Blue; Pro Life-Related Bills in Green
(Connealy, et. al.) Proposing to establish a state income tax credit for charitable contributions that fit the description of planned giving, and also for direct 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 40 percent of the present value of planned gifts and 20 percent of direct corporate gifts, both with a cap of $10,000. NCC Position: Support (For NCC Testimony, click here.) Status: Introduced Jan. 6; public hearing Jan. 21; reported advanced to General File w/o am, 5-3, by the Revenue Committee, Jan. 24; advanced to Select File as amended by FA15 (Pederson) Feb. 8; advanced to Final Reading as further amended by FA298 (Chambers) and FA300 (Beutler) May 23; Passed on Final Reading, June 1; Approved by the Governor, June 2, 2005. Enacted as amended.
(Landis) Proposing to change the laws that prohibit discrimination in housing and access to any “place of public accommodation” to include “sexual orientation” as a protected classification. “Sexual orientation” defined as “a state of being heterosexual, homosexual, or bisexual, having a history of such orientation, or being identified with such an orientation,” but not construed as protecting “conduct otherwise proscribed by law.” Includes no exception for religiously motivated actions. NCC Position: Monitor. Status: Introduced Jan. 6, 2005; public hearing March 2, 2005; not prioritized; no action by the Judiciary Committee; carries over to 2006.
(Schimek, et. al.) Proposing to restore the right to vote to a convicted felon upon completion of his or her felony sentence, including parole/probation, plus two additional years. NCC Position: Monitor. STATUS: Introduced Jan. 6; public hearing, Jan. 20; reported advanced to General File w/AM58 by the Government Committee Jan. 24; advanced to Select File as amended by AM58 (committee), 41-8-0, Feb. 9; advanced to Final Reading Feb. 17; Passed on Final Reading March 3; vetoed by the Governor, March 9; veto overridden, 36-11-2, March 10, 2005. Enacted as amended over veto.
(Foley, et. al.) Proposing to establish the crime of “Assault of an Unborn Child” as part of the Nebraska Criminal Code, this bill would make it a crime to “intentionally or knowingly cause serious bodily injury to an unborn child” (first degree) or “recklessly cause serious bodily injury to an unborn child with a dangerous instrument.” Follows up fetal Homicide law of 2003. NCC Position: Support (For NCC Testimony, click here.) STATUS: Introduced Jan. 6; Public hearing was held March 3. Prioritized by Sen. Foley, May 11. Advanced to General File w/o amendment by Judiciary Committee, March 15; nor further action, but amendments filed; carries over to 2006.
(Burling) Proposing to clarify law governing access to adoption records by heirs of deceased adopted persons, so that access applies to information kept by all three departments of the Health and Human System; also to prohibit access to health and protective services information that must be maintained as confidential. NCC Position: Monitor. Status: Introduced Jan. 6; public hearing Jan. 19; reported advanced to General File w/o am by the Health and Human Services Committee Jan. 21; advanced to Select File as amended by AM45 (Burling) Feb. 1; advanced to Final Reading, Feb. 17; passed on Final Reading, 41-0-8, March 3, 2005; Approved by the Governor, March 9, 2005. Enacted as amended.
(Stuhr, et. al.) Proposing to re-establish the Agricultural Opportunities and Value-Added Partnership Act until Jan. 1, 2009, to provide matching grants for family farmers and ranchers to develop new markets and to add value to their products. NCC Position: Support . Status: Introduced Jan. 6; public hearing Jan. 25; reported advanced to General File w/AM343 by the Agriculture Committee, Feb. 10; prioritized by Sen. Stuhr, Feb. 22; advanced to Select File as amended by AM343 (committee) Feb. 24, 2005; advanced to Final Reading as further amended by FA81 (Beutler) and AM627 (Mines) March 11, 2005. Provisions/portions of LB 71 amended by FA259 into LB 90, which passed. Provisions/portions of LB 688 amended into LB 71 by AM627.
(Stuhr, Aguilar) Proposing the Security Personnel Licensing Act, to require that building security services and security personnel be licensed by the State of Nebraska. Definitions of “security service” and “security personnel” are broad and vague; might apply to school custodians. NCC Position: Monitor; Sought clarification. Status: Introduced Jan. 6; public hearing Jan. 21; reported advanced to General File w/AM59 by the Government Committee Jan. 24, 2005; not prioritized; no further action, but amendments printed; carries over to 2006.
(Beutler) Proposing to give Omaha and Lincoln virtually unbridled authority to use “special assessments” rather than property tax for any project declared to be a “local improvement, ” i.e., “special taxation,” regular property tax exemptions would not apply. NCC Position: Oppose. Status: Introduced Jan. 6; public hearing Jan. 18; reported advanced to General File w/AM22 by the Urban Affairs Committee Jan. 27; not prioritized; no further action; carries over to 2006 (see LB 161).
(Byars) Proposing to increase from $3000 to $4,000 the amount that can be placed in an irrevocable pre-need burial trust fund and not be counted towards the asset test for eligibility for medical assistance. Also, the sheltered amount would increase annually by the CPI. NCC Position: Monitor. Status: Introduced Jan. 6; public hearing Jan. 26; reported advanced to General File w/AM126 by the Health and Human Services Committee Jan. 27; not prioritized; no further action; carries over to 2006.
(Wehrbein, et. al.) Proposing to increase the tax rate on corn and grain sorghum. Amended during floor debate to include the Building Entrepreneurial Communities Act and the Agricultural Opportunities and Value-added Partnerships Act, LB 71. NCC Position: Monitor. Status: Introduced Jan. 6; public hearing Feb. 2; reported advanced to General File w/AM249 by the Revenue Committee Feb. 4; prioritized by Sen. Wehrbein, March 10; advanced to Select File as amended by FA259 (Wehrbein), FA260 (Wehrbein), FA261 (Beutler), FA263 (Chambers) and AM249 (committee) May 10; advanced to Final Reading as further amended by AM1602 (Stuhr-Beutler) May 17; Passed on Final Reading w/emergency clause, 46-2-1, May 25; Approved by the Governor, May 31, 2005. Provisions/portions of LB 71 and LB688 amended into LB 90 by FA259. Provisions/portions of LB 250 amended into LB 90 by AM249. Provisions/portions of LB 273 amended into LB 90 by FA260.
(Synowiecki, Connealy) Proposing the so-called “Conveyance 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. Authorizes fees for all requirements. NCC Position: Sought Clarifying Amendment. Status: Introduced Jan. 6 for the Elevator Workers union; public hearing, Jan. 24; reported advanced to General File w/AM203 by the Business and Labor Committee Feb. 2; not prioritized; no further action, but amendments printed; carries over to 2006.
(Natural Resources Committee) Proposing to give cities that are subject to a Federal clean water mandate authority to create a fictional storm water “utility” and to charge fees based on each property’s “contribution” to storm sewer per the extent of impervious surface. NCC Position: Oppose. (For NCC Testimony, click here.) STATUS: Introduced Jan. 6; public hearing Jan. 19, 2005; not prioritized; no action by the Natural Resources Committee; carries over to 2006.
(Bourne) Proposing to cancel the sunset date of July 1, 2005 for the previously enacted statute that provides legal immunity for certain educational employees responding to asthma or allergic reactions. NCC Position: Monitor. STATUS: Introduced Jan. 6; public hearing Jan. 27; reported advanced to General File w/o AM by the Judiciary Committee Feb. 3; motion to Indefinitely Postpone prevailed June 3, 2005. Provisions/portions of LB 110 amended by FA126 into LB 361, which passed.
(Byars, et. al.) Proposing to mandate, as of the 2006-07-school term, a visual exam within six months prior to the entrance of a child into the beginner grade of any public school. NCC Position: Monitor. STATUS: Introduced Jan. 6; public hearing Feb. 1; reported advanced to General File w/AM247 by the Education Committee Feb. 4; prioritized by Sen. LaVon Heidemann, March 11; advanced to Select File as amended by AM247 April 26; advanced to Final Reading as further amended by AM1480 (Byars) May 24; Passed on Final Reading, 46-0-3, June 1; Approved by the Governor, June 2, 2005.
(Raikes, et. al.) Proposing to require assimilation of Class I school districts into K-12 districts by 2006-07. NCC Position: Monitor. Status: Introduced Jan. 6; public hearing Jan. 18; advanced to General File w/o AM by the Education Committee Jan. 21; designated Education Committee priority bill, Feb. 1; advanced to Select File as amended by AM354 (Raikes) Feb. 15, 2005; advanced to Final Reading as further amended by AM1672 (Raikes) May 20; Passed on Final Reading June 1; vetoed by the Governor, June 2, 2005; Motion to Override Veto (Raikes) passed, 32-16-1, June 3, 2005. Enacted over veto.
(Cunningham, Connealy & Kremer) Proposing to make changes in the current exclusions from the definition of “food establishment” for purposes of the requirements of the Pure Food Act. Would exclude food prepared in a private home for distribution at a function for a charitable purpose as long as a placard at the serving location states that the food was prepared in an unregulated kitchen. NCC Position: Monitor. STATUS: Introduced Jan. 6; public hearing March 1; reported advanced to General File w/AM604 by the Agriculture Committee, March 8; advanced to Select File as amended by AM604 (committee) March 21; advanced to Final Reading March 29; Passed on Final Reading, 41-0-8, April 1; Approved by the Governor, April 7, 2005.
(Aguilar, et. al.) Proposing to change provisions having to do with zoning, but amended to include authority for the City of Lincoln to establish ornamental tree districts and to assess the costs of planting, maintaining, protecting and removing of trees as a “special assessment” against property owners; regular property tax exemptions would not apply. If owners representing more than 50 percent of the total of such special assessments file objections then the proposed special assessment district would be blocked. NCC Position: Monitor. STATUS: Introduced Jan. 7; public hearing Jan. 25; reported advanced to General File w/AM318 by the Urban Affairs Committee Feb. 9; prioritized by the Urban Affairs Committee, March 10; advanced to Select File as amended by AM318 (committee) and AM978 (Friend), 39-0-10, March 30; advanced to Final Reading as further amended by AM1044 (Jensen), AM1162 (Price-Beutler-Friend, tree amendment), AM1087 (Beutler) and AM1165 (Dw. Pedersen) April 11; returned to Select File, 33-0-16, for AM1343 (Foley) and re-advanced to Final Reading May 3; Passed on Final Reading, 40-2-7, May 9, 2005; Approved by the Governor, May 13, 2005. Provisions/portions of LB 22 and LB 92 amended into LB 161 by AM 978; provisions/portions of LB 302, LB 474 and LB 558 amended into LB 161 by AM1162, AM1044 and AM1165 respectively.
(Jensen) Proposing to allow physician assistants to prescribe drugs and devices as delegated to do so by a supervising physician, subject only to scope-of-practice regulations. On General File, an amendment by Sen. Chambers removed important language governing prescription of excess dosages of controlled substances for pain relief. NCC Position: Sought amendment to restore original bill. STATUS: Introduced Jan. 7; public hearing Jan 19; reported advanced to General File w/o AM by the Health and Human Services Committee Jan. 21; advanced to Select File as amended by FA6 (Chambers) Feb. 1; advanced to Final Reading as further amended by AM227 (Jensen, striking FA6) Feb. 17; Passed on Final Reading March 3; Approved by the Governor, March 9, 2005.
(Jensen) Proposing to change provisions governing alcohol and drug counselors, to require state-issued credentials in relation to training and clinical experience for licensed counselors. NCC Position: Monitor. STATUS: Introduced Jan. 7; public hearing Jan. 19; reported advanced to General File w/AM242 by the Health and Human Services Committee Feb. 4; reported Indefinitely Postponed by Speaker’s motion June 3, 2005. Provisions/portions of LB 177 amended by AM1122 into LB 551, which passed.
(Schimek, Combs, Erdman, Stuthman) Proposing to include public and private schools under the definition of “health care facility” for purposes of the regulated practice for dental hygienists. NCC Position: Sought clarification. STATUS: Introduced Jan. 7; public hearing Feb. 23; not prioritized; no action by the Health and Human Services Committee; carries over to 2006.
(Gen. Affairs Committee) Proposing to increase license fees under the Bingo Act, Pickle Card Lottery Act and the Lottery and Raffle Act. NCC Position: Monitor. STATUS: Introduced Jan. 7; public hearing Jan. 31; reported advanced to General File w/o AM by the General Affairs Committee Feb. 16; not prioritized; no further action; carries over to 2006.
(Janssen) 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. Also, an amendment added the provisions of LB 167, establishing the Archaeological Resources Preservation Act to create the office of State Archaeologist within the State Historical Society to promote development and protection of archaeological resources. NCC position: Monitor. STATUS: Introduced Jan. 7, 2005 by Sen. Ray Janssen; public hearing Jan. 24; reported advanced to General File w/AM71 by the General Affairs Committee Jan. 25; advanced to Select File as amended by AM71 (committee) March 1; advanced to Final Reading as further amended by FA71 (Pederson) March 11; returned to Select File for AM1373 (Landis, adding the provisions of LB 167), 35-0-17, and re-advanced to Final Reading, vv, May 3; Passed on Final Reading June 1; Approved by the Governor, June 2, 2005. Provisions/portions of LB 167 amended into LB 211 by AM1373.
(Revenue Committee) Proposing to make changes intended to improve administration of the Revenue Act, including a slight broadening of a sales tax exemption for public and private schools and a clarification of imposition of the tax on admissions as that applies to memberships, and to add home health agencies, hospice services and respite care services to the list of sales tax exemptions. NCC Position: Monitor. STATUS: Introduced Jan. 7; public hearing Jan. 20; reported advanced to General File w/AM42 by the Revenue Committee Jan. 24; advanced to Select File as amended by AM42 (committee), AM216 (Landis) and FA11 (Landis-Brashear), 29-0-20, Feb. 4; advanced to Final Reading, vv, Feb. 17; Passed on Final Reading, 41-0-8, March 3, 2005; Approved by the Governor, March 9, 2005.
(Schimek, et. al.) Proposing to enable undocumented immigrants to pay resident tuition costs to attend any college or university in the state’s system in accord with several conditions, namely that a petition for lawful status be pending with U.S. INS, that the individual have a home established in Nebraska for at least 180 days; and that the individual have graduated from public or private high school in this state, or have obtained the equivalent of a high school diploma. NCC Position: Support (See NCC testimony.) STATUS: Introduced Jan. 10; public hearing March 15; reported advanced to General File w/o AM by the Education Committee June 3; not prioritized; no further action; carries over to 2006.
(Stuhr, et. al.) Proposing to create the “Task Force on Trafficking in Persons” to collect and organize data on the nature and extent of human trafficking and to evaluate approaches for increasing public awareness; “trafficking” defined as “all acts involved in the recruitment, abduction, transport, harboring, transfer, sale or receipt of persons, within national or across international borders, through force, coercion, fraud, or deception to place persons in situations of slavery or slavery-like conditions, forced labor or services, such as prostitution or sexual services, domestic servitude, bonded sweatshop labor, or other debt bondage.” NCC Position: Monitor. STATUS: Introduced Jan. 10; public hearing Jan. 20; not prioritized; no action by the Judiciary Committee; carries over to 2006.
(Howard, et. al.) Proposing to implement a recommendation from the Governor’s Children’s Task Force by re-configuring “social services” to include screening, parent education and home visitation pursuant to the goal of providing permanent resolutions and better futures for children under State supervision. NCC Position: Monitor. STATUS: Introduced Jan. 10, 2005, by Sen. Gwen Howard and five others; public hearing February 2; reported advanced to General File w/AM499 by the Health and Human Services Committee Feb. 23; advanced to Select File as amended by AM499 (committee) March 2; advanced to Final Reading March 11; Passed on Final Reading March 17; Approved by the Governor, March 22, 2005. Provisions/portions of LB 265 amended into LB 264 by AM499.
(Erdman) Proposing to establish a procedure so that any minor who is at least 15 years of age and married, or living apart from his/her parents, may petition the district court of his/her county of residence for a decree of judicial emancipation for all purposes. NCC Position: Monitor. STATUS: Introduced Jan. 10; public hearing Feb. 24; reported advanced to General File w/AM941 by the Judiciary Committee April 25; not prioritized; no further action; carries over to 2006.
(Erdman, et. al.) Proposing to authorize the enrollment of exempt students on a part-time basis in a public school in the student’s resident school district or an option district. Exempt student would be defined as a student enrolled in a private, denominational, or parochial school that elects not to meet state accreditation or approval requirements, i.e. “Rule 13 schools.” NCC Position: Sought Clarification/Monitor. STATUS: Introduced Jan. 10; public hearing Feb. 14; reported Indefinitely Postponed by the Education Committee Feb. 16, 2005.
(Cunningham, et. al.) Proposing the “Building Entrepreneurial Communities” program, to support economically depressed rural areas by providing grants for small business development; appropriation started at $1 million annually, but was reduced to $200,000 in the committee amendment. NCC Position: Monitor. STATUS: Introduced Jan. 10; public hearing Feb. 4; reported advanced to General File w/AM639 by the Government Committee March 1; prioritized by Sen. Cunningham, March 11; bracketed to April 19 by unanimous consent, April 4; Indefinitely Postponed by Speaker’s motion June 3, 2005. Provisions/portions of LB 273 amended by FA260 into LB 90, which passed.
(Transportation & Telecommunications Committee) Proposing to change provisions relating to motor vehicle registration, tax and fees, and licenses plates, including use of the words “tax exempt” rather than “exempt” on vehicles that are exempt from taxes and fees. NCC Position: Sought amendment to maintain status quo on “exempt” plates. Status: Introduced Jan. 10; public hearing Jan. 24; reported advanced to General File w/AM1010 by the Transportation and Telecommunications Committee April 11, 2005; not prioritized; no further action; carries over to 2006.
(Byars) Proposing to prohibit the use of tobacco products in educational institutions, both private and public, elementary, secondary and post-secondary, and also to prohibit the use of tobacco products on the grounds of elementary and secondary schools. NCC Position: Sought Amendment. STATUS: Introduced Jan. 11; public hearing Feb. 3; reported advanced to General File w/AM374 by the Health and Human Services Committee Feb. 17; not prioritized; no further action; carries over to 2006.
(Stuhr) Proposing to create the Task Force on Safe Havens for Abandoned Infants; to collect and organize data on the nature and extent of infant abandonment in the state; to analyze legislation in other states and how they deal with infant abandonment; to identify available federal, state and local programs that provide services to women facing unplanned or crisis pregnancy; to hold one public meeting in each of the three congressional districts; and to file a written report with the Legislature. NCC Position: Sought clarification. STATUS: Introduced Jan. 11; public hearing Feb. 2; not prioritized; no action by the Health and Human Services Committee; carries over to 2006.
(Janssen & Connealy) Proposing to establish a procedure enabling cemetery associations to transfer ownership of cemetery property to cities and villages to manage as a municipal cemetery, including perpetual care funds and endowments. NCC Position: Monitor. STATUS: Introduced Jan. 11; public hearing Jan. 24; reported advanced to General File w/o AM by the General Affairs Committee Jan. 25; advanced to Select File March 1; advanced to Final Reading March 11; Passed on Final Reading March 17, 2005; Approved by the Governor, March 22, 2005.
(Bourne, et. al.) Proposing to enhance the requirements for promulgation of administrative agency rules and regulations, to provide for legislative review and information for the public. NCC Position: Monitor. STATUS: Introduced Jan. 11; public hearing Feb. 16; reported advanced to General File w/AM573 by the Government Committee March 2; prioritized by Sen. Deb Fischer, March 11; advanced to Select File as amended by AM984 (Fischer) and AM573 (committee) May 31; advanced to Final Reading June 1; Passed on Final Reading June 3, 2005; Approved by Governor, June 3, 2005.
(Kruse, et. al.) Proposing to require, as part of the continuing behavioral health policy reform, that each facility that contracts to provide services must file an annual report of all net revenue, costs and expenses attributable to providing each level of behavioral health care services identified for payment by the system, with failure to file the required report constituting grounds for denying reimbursement for behavioral health services pursuant to state-funded programs; the goal is to make it possible for the Legislature’s appropriations process to make informed decisions about the appropriate levels of funding for behavioral health care. NCC Position: Monitor. STATUS: Introduced Jan. 11; public hearing March 1; not prioritized; no action by the Appropriations Committee; carries over to 2006.
(Howard, et. al.) Proposing to create the Commission on School Finance, to perform a costing-out study of the curriculum frameworks imposed by the State Board of Education. NCC Position: Monitor. STATUS: Introduced Jan. 11; public hearing January 25; not prioritized; no action by the Education Committee; carries over to 2006.
(Friend, Synowiecki) Proposing a separate penalty for committing motor vehicle homicide while operating on a suspended, revoked, canceled, impounded or disqualified driver’s license. NCC Position: Sought amendment, to ensure the same change for the separate but parallel statute governing motor vehicle homicide of an unborn child. STATUS: Introduced Jan. 12; public hearing March 17; not prioritized; no action by the Judiciary Committee; carries over to 2006.
(Brashear at request of Governor) Proposing the mainline budget bill, making appropriations for operations and state aid for the fiscal biennium running July 1, 2005 through June 30, 2007. NCC Position: Sought Amendments for increasing the appropriation for textbook loans, establishing an assistance program for pregnant women, and restricting use of funds allocated for the family planning program. (For NCC testimony, click here.) STATUS: Introduced Jan. 13; public hearing Feb. 17; reported advanced to General File w/AM521 by the Appropriations Committee April 28; advanced to Select File as amended by AM1374 (Foley, pregnancy support program), AM1364 (Pederson), AM1463 (Chambers-Brashear), AM1430 (Pederson) AM1454 (Chambers) and AM521 (committee) May 5; advanced to Final Reading as further amended by AM1470 (Stuthman-Bourne), AM1495 (Schimek), AM1567 (Pederson), AM1568 (Raikes), AM1482 (Pederson), AM1483 (Pederson), AM1508 (Beutler) and AM1600 (Foley-Thompson, substituted pregnancy support program) May 11; Passed on Final Reading w/emergency clause May 18, 2005; Approved by the Governor with line-item vetoes, May 24, 2005; four motions to override all failed, May 25, 2005. Provisions/portions of LB 577 (funding only) and LB 716 (funding only) amended into LB 425 by AM1568 and AM1567 respectively. For NFCSP testimony, click here.
(Smith, et. al.) Proposing the Human Cloning Prohibition Act, 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; ban applies to reproductive cloning and to somatic cell nuclear transfer (so-called therapeutic cloning). NCC Position: Support (For NCC Testimony, click here.) STATUS: Introduced Jan. 13; public hearing March 10, 2005; not prioritized; no action by the Judiciary Committee; carries over to 2006.
(Janssen, Byars, Flood, Pahls) Proposing to require the Department of Motor Vehicles to design a license plate with a facsimile of the Shriner emblems and the message, “Shriners Help Children.” Proceeds from the added cost of such plates would go to the Highway Trust Fund and to the DMV cash fund. NCC Position: Suggested Amendment, extending the opportunity to all nonprofit organizations. STATUS: Introduced Jan. 13; public hearing March 8; reported advanced to General File w/AM768 by the Transportation and Telecommunications Committee March 15; not prioritized; no further action; carries over to 2006.
(Combs, et. al.) Proposing the Concealed Handgun Permit Act, to authorize individuals to obtain a permit to carry a concealed handgun under certain prescribed conditions and with some locations (e.g. schools, places of worship). NCC Position: Sought clarification regarding church property. STATUS: Introduced Jan 13; public hearing March 17; reported advanced to General File w/AM810 by the Judiciary Committee April 1; prioritized by Sen. Combs, March 9, 2005; no further action; numerous amendments printed; carries over to 2006.
(Byars) Proposing financial enhancements for elementary and secondary education, including the Highly Qualified Teacher program to provide reimbursement of tuition to state-certified teachers employed in public schools only, who pursue additional college coursework. NCC Position: Oppose sans Amendment to apply the Highly Qualified Teacher program to state-certified teachers employed by private and parochial schools. STATUS: Introduced Jan. 13; public hearing Feb. 7, 2005; not prioritized; no action by the Education Committee; carries over to 2006. For NCC testimony, click here.
(Erdman, et. al.) Proposing to lower the age of majority from 19 to 18 for all purposes except purchasing, possessing and consuming alcohol and gambling. NCC Position: Sought Clarification regarding education and child support. STATUS: Introduced Jan. 14; public hearing Feb. 24; prioritized by the Speaker; no action by the Judiciary Committee; carries over to 2006.
(Erdman, et. al. at request of
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 would be required
to make a choice between electrocution and lethal injection. NCC Position:
Monitor. STATUS: Introduced Jan. 14; public hearing March 16,
2005; not prioritized; no action by the Judiciary Committee;
carries over to 2006.
(Jensen) Proposing to change provisions governing allocation of funding from the Nebraska Tobacco Settlement Trust Fund, including increasing from $2,500,000 to $3 million the portion credited annually to the Tobacco Prevention and Control Cash Fund. Amended during debate to require that the recipients of health care cash fund distributions for biomedical research, i.e., UNMC, Creighton University Medical Center and Boys Town National Research Hospital, have as a condition for receipt of funds, policies that prohibit discrimination on the basis of sexual orientation. NCC Position: Monitor. STATUS: Introduced Jan. 18; public hearing Feb. 9; reported advanced to General File w/AM735 by the Health and Human Services Committee March 11; prioritized by Sen. Jensen, March 11; advanced to Select File as amended by AM1121 (Jensen), FA150 (Chambers), AM735 (committee), 31-5-13, April 7; bracketed by unanimous consent (Jensen), June 1, 2005; no further action; carries over to 2006.
(Beutler, Redfield) Proposing to raise the minimum wage for employees over the age of 17 from $5.15 per hour to $6.26 per hour over a three-year period (37 cents per year), to instruct the State Department of Labor to set the rate thereafter, based on inflation; to raise the minimum “tipping wage” for those over the age of 17 from $2.13 per hour to 50 percent of the minimum wage; and to raise the training wage for employees between the ages of 17 and 20 from $4.25 to $5.15 over a three-year period (30 cents per year) and inflation increase thereafter. NCC Position: Support For NCC Testimony, click here. STATUS: Introduced Jan. 18; public hearing Feb. 14; reported advanced to General File w/AM670 by the Business and Labor Committee March 10; not prioritized; no further action; carries over to 2006.
(Redfield) Proposing to repeal most sales tax exemptions, including those available to churches, schools, hospitals and non-profit organizations, and to expand the list of services subject to tax for the purpose of reducing the sales tax base rate from 5.5 percent to 3.75 percent, effective January 2006. NCC Position: Oppose For NCC Testimony, click here. STATUS: Introduced Jan. 18; public hearing March 2; reported Indefinitely Postponed by the Revenue Committee March 9, 2005.
(Raikes, et. al.) Proposing to shift funding for early childhood education students who will be eligible to attend kindergarten the following school year from the Early Childhood Education Grant Program to the state aid formula if the program has received three years of grants. NCC Position: Monitor. STATUS: Introduced Jan. 18; public hearing Feb. 1; prioritized by Sen. Schimek, March 11; reported advanced to General File w/AM1510 by the Education Committee May 11; advanced to Select File as amended by AM1720 (Raikes) and AM1510 (committee) May 25; advanced to Final Reading as further amended by AM1759 (Raikes) May 31; Passed on Final Reading June 3, 2005; Approved by the Governor, June 3, 2005. Funding provisions/portions of LB 577 amended by AM1568 into LB 425, which passed.
(Johnson, et. al.) Proposing a phony cloning ban, to prohibit the use of cloning technology to create a child, so-called reproductive cloning, but to allow somatic cell nuclear transfer, so-called therapeutic cloning. NCC Position: Oppose. (For NCC Testimony, click here.) STATUS: Introduced Jan. 18; public hearing March 10; not prioritized; no action by the Judiciary Committee; carries over to 2006.
(Connealy, Beutler, Byars & Synowiecki) Proposing to require the Department of Health and Human Services to apply for and use all options available under the Federal Food Stamp Program to increase access to food for low-income people and to bring more federal dollars into local economies. NCC Position: Support . (For NCC Testimony, click here.) STATUS: Introduced Jan. 18; public hearing Feb. 17; not prioritized; no action by the Health and Human Services Committee; carries over to 2006.
(Legis. Performance Audit Committee) Proposing to make it the legal duty of licensed health insurers and self-funded health insurers to coordinate benefits with state benefit programs so that the state can determine whether an individual’s own insurance covers a specific medical bill, as opposed to Medicaid, which is intended to be the payer of last resort for eligible low-income citizens. NCC Position: Sought clarification about effect on self-funded insurers. Status: Introduced Jan. 18; public hearing Feb 8; prioritized by the Legislative Performance Audit Committee, March 11; reported advanced to General File w/AM743 by the Banking, Commerce and Insurance Committee March 16; advanced to Select File as amended by AM1707 (Mines-Beutler) and AM743 (committee) May 31; advanced to Final Reading as further amended by FA319 June 1; Passed on Final Reading June 3, 2005; Approved by the Governor, June 3, 2005.
(Kruse, et. al.) Proposing a “dram shop” provision to hold liquor retailers and “social hosts” responsible for serving alcohol to minors or visibly intoxicated persons by providing a specific cause of action when injury or death occurs. NCC Position: Sought clarification regarding definition of “social host.” STATUS: Introduced Jan. 18; public hearing Feb. 23; not prioritized; no action by the Judiciary Committee; carries over to 2006.
(Kruse) Proposing to increase the amount of Tobacco Settlement funds dedicated annually for bio-medical research from $10 million to $12 million, the money continuing to be divided among the University of Nebraska, Creighton University Medical Center, Boys Town Research Hospital and UNMC; restriction on use of funds for embryonic stem cell research and cloning would continue. NCC Position: Sought amendment to increase emphasis on adult stem cell research (oral testimony). Status: Introduced Jan. 18; public hearing March 15; not prioritized; no action by the Appropriations Committee; carries over to 2006.
(Jensen) Proposing to increase the state excise taxes on beer, wine, alcohol and spirits and to use the revenue to create the “Dependency Care Trust Fund, from which each year $10 million would be transferred to the Health Care Cash fund to be used to fund substance abuse treatment programs throughout the state. NCC Position: Support (For NCC Testimony, click here.) STATUS: Introduced Jan. 18; public hearing Feb. 4; reported Indefinitely Postponed by the Revenue Committee Feb. 8, 2005.
(Howard) Proposing to require that all public school districts by July 1, 2006 adopt policies to prevent bullying, defined as conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender, gender identity and expression, religion, sexual orientation or a mental, physical, or sensory handicap and includes any written or verbal expression, physical act, or gesture or a pattern thereof that is intended to cause distress upon one or more students in a school setting. NCC Position: Monitor. STATUS: Introduced Jan. 19; public hearing Feb. 14; not prioritized; no action by the Education Committee; carries over to 2006.
(Beutler) Proposing to create the Task Force on Small Employers Health Plans, appointed by the Governor, to collect and organize data on the nature and extent of health plans offered by small employers to employees, to evaluate the problems faced by small employers in offering adequate health plans, to identify federal, state and local resources that might be used to assist small employers in providing health care coverage to employees, to evaluate approaches used in other states, and to recommend steps to assist and encourage small employers to provide adequate health coverage. NCC Position: Monitor. STATUS: Introduced Jan. 19; public hearing Feb. 22; reported Indefinitely Postponed by the Banking, Commerce and Insurance Committee March 15, 2005.
(Langemeier, et. al.) Proposing to change the requirements for 14-16 year olds to obtain school driving permits, to include proof of successful completion of a driver safety course; also, to limit use of a school permit to regular school attendance and extracurricular activities of the school of attendance only. NCC Position: Sought amendment to clarify application to private school students. STATUS: Introduced Jan. 19; public hearing Feb. 28; reported advanced to General File w/AM631 by the Transportation and Telecommunications Committee March 3; advanced to Select File as amended by AM631, 35-0-14, March 10; advanced to Final Reading as further amended by AM961 March 29; Passed on Final Reading April 1, 2005; Approved by the Governor, April 7, 2005.
(Schimek, Combs, Stuthman) Proposing the Physical Education in Schools Act, to require that every student in grades K-8 participate in a daily physical education program for the entire school year and to mandate that each public school district have a policy in accordance with the Act; application to non-governmental schools is ambiguous. NCC Position: Monitor. Status: Introduced Jan. 19; public hearing March 1; not prioritized; no action by the Education Committee; carries over to 2006.
(Stuhr, Raikes) Proposing to create the Distance Education Enhancement Task Force to develop a plan to upgrade and coordinate distance education and make recommendations for policies and legislation to interconnect all existing and future distance education and videoconferencing facilities for schools, and to transfer distance education coordination responsibilities from distance education consortia to educational service units. NCC Position: Sought clarification regarding private schools. Status: Introduced Jan. 19; public hearing Feb. 7; reported advanced to General File w/AM403 by the Education Committee Feb. 14; prioritized by Sen. Raikes, Mar. 11; Advanced to Select File, as amended by AM1084 (Raikes) and AM403 (committee) April 5; Advanced to Final Reading April 20; Passed on Final Reading w/emergency clause May 25; Approved by the Governor, May 31, 2005.
(Erdman, et. al.) Proposing the Medicaid Reform Act, to have the Governor and the chairman of the Legislature’s Health and Human Services Committee each designate one person to conduct negotiations with the Federal government to develop a reform plan that will reduce the growth of state spending on Medicaid, to ensure future sustainability of the medical assistance program, to reduce the number of persons who are dependent on medical assistance benefits, to establish priorities and ensure flexibility in the allocation of benefits, and to provide alternatives to Medicaid eligibility. NCC Position: Sought clarifying amendment to prohibit rationing. STATUS: Introduced Jan. 19; public hearing Feb. 9; prioritized (Erdman), March 11; reported advanced to General File w/AM772 by the Health and Human Services Committee, 5-2, March 14; advanced to Select File as amended by AM1027 (Beutler), AM1049 (Erdman), AM1004 (Byars), FA144 (Chambers) and AM772 (committee) April 5; advanced to Final Reading as further amended by FA168 (Flood) and AM1249 (Erdman) April 20; Passed on Final Reading w/emergency clause, June 2; Approved by the Governor, June 2, 2005. Provisions/portions of LB 272 amended into LB 709 by AM772 (committee).
(Thompson, Schimek) Proposing the Healthy Nebraska Rx Card Program Act, to use the state’s bargaining power to obtain better prices on prescription drugs for moderate- and low-income residents; this would use the same negotiating authority the state has for Medicaid, but would extend the purchasing authority to people who purchase their own prescription drugs and whose income is below 300 percent of the federal poverty level. NCC Position: Monitor. STATUS: Introduced Jan. 19; public hearing Feb. 16; not prioritized; no action by the Health and Human Services Committee; carries over to 2006.
(Thompson, Flood) Proposing to modify laws governing sexual assault, to require that all hospitals and health care facilities utilize a standardized sexual assault evidence collection kit, to revise the rules of evidence to conform to Federal |