2021 Legislative Bills and Hearings Breakdown

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Our NOISEmakers are working hard to pull together information about key bills for the Omaha community focusing on housing, transportation, gender and race/cultural identity freedoms and protections, COVID-19, and equity in education. While the legislature is in session, we’ll be updating this calendar as we know more. Just scroll to find today’s date, and check back daily to see what’s up.

Click for exact times and to watch the sessions live on NET

Wednesday, March 10th

LB474 adopts the medical cannabis act and provides all regulatory framework to establish access to cannabis for medical purposes.

 

Thursday March 4th

Protections:

LB 157 will require the appointment of a special prosecutor to investigate and/or prosecute when a person has died, from other than natural causes, while being apprehended or in custody of law enforcement personnel.

LB 458 alters the amount of time that must pass before a sex offender who is required to register for 15 years may request a reduction in registration period. The bill would allow 15-year registrants to request for a reduction after 7 years, instead of the current 10 years. 

LB 458 also includes a mechanism that would allow the Nebraska State Patrol to develop an alternative process to "appearing in person" when natural disasters, public health considerations or other factors make appearing in person difficult, impossible, or unsafe as determined by the Nebraska State Patrol.

LB 204 amends the Sex Offender Registration Act by prospectively adding the crimes of Sex Trafficking and Sex Trafficking of a Minor. LB 204 also adds a duty to those on the Sex Offender Registry, a duty to give the local sheriff prior notice before taking any international travel. LB 204 amends both the instructions a sentencing judge gives a defendant who must register as well as to the written registration form that registrants must sign so as to conform with this notice requirement..

 

Tuesday- Thursday, Feb 23-25th

The purpose of LB281 is to require that public schools provide four(4) hours per year in body awareness training to students in K through 5 and teacher training as a preventative method for helping reduce incidents of child sexual abuse.

 

LB 653 would require that municipalities which approve a redevelopment project utilizing tax-increment financing (TIF) for which the amount of divided taxes exceeds $200,000 establish goals to utilize historically underutilized businesses in such project for construction, services, and commodity purchases. 

LB 556 would confirm a city’s ability to include any additional requirements in a redevelopment contract for a redevelopment plan or redevelopment project. This could be used to ensure that such plan or project complies with the city's comprehensive development plan, the city's affordable housing action plan, city zoning regulations, or any other reasonable planning requirements or goals established by the city.

 

LB 229 amends Nebraska's hate crime statutes to include "gender identity" in the list of attributes for which enhanced penalties can be imposed if a crime is perpetrated because of some aspect of the victim's identity. Current law considers the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability as potential factors for hate crimes. This does not account for crimes committed against trans and gender non-conforming people. In other words, this would make it so that violent crimes committed against trans, gender nonconforming or other LGBTQ individuals on the basis of their gender identity can be considered hate crimes, making them punishable with more severe penalties than similar crimes not perpetrated purely on the basis of the victim's identity.

 

LB 158 will restore voting rights to ex-felons upon completion of their sentence. LR10CA would amend Article VI, Section 2 of the Nebraska Constitution so that the only crime to disqualify a citizen from voting would be conviction of treason. The current disqualification by a felony crime would be removed.

 

LB315 harmonizes the sentence for domestic assault with the sentence for assault. Currently, Nebraska statutes contain greater penalties for assault than for the assault of a domestic partner; LB315 would correct that inequity

The intent of LB 187 is to add language to the definition of sexual penetration to address criminal sexual offenses that involve object manipulation, specifically where the object manipulation is done by the victim at the request or direction of the actor. 

LB360 creates a "yes means yes" or an affirmative consent standard for sexual assault cases by adding a provision to the meaning of "without consent." LB360 stipulates that "without consent" means that consent to engage in sexual contact or sexual penetration was not knowingly or voluntarily given. Lack of consent may be inferred based on all the surrounding circumstances.

 

LB247 creates the Mental Health Crisis Hotline Task Force of the Nebraska Legislature. The task force shall identify a method to integrate local mental health crisis hotlines to ensure each individual who accesses a local mental health crisis hotline is connected to a qualified mental or behavioral health professional regardless of the time, date, or number of individuals trying to simultaneously access a local mental health crisis hotline.

 

LB 548 will allow an individual convicted of a felony would allow an individual convicted of a felony to challenge their sentencing or conviction through the admission of statistical evidence and other material, on the basis that racial bias was a substantial factor in the outcome of their case. LB557 makes public records more accessible including police body camera footage.

Wednesday - Friday, Feb 17-19th

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COVID:

  • LB52 & LB139 - Provide for immunity (limit liability) for injury or death from COVID-19

  • According to the proposal, “Person means (a) any natural person, sole proprietorship, 11 partnership, limited liability partnership, corporation, limited 12 liability company, business trust, estate, trust, unincorporated 13 association, or joint venture, (b) the State of Nebraska and any 14 political subdivision of the state, (c) any public or private school, 15 college, university, institution of higher education, religious 16 organization, or charitable organization, or (d) any other legal or commercial entity.”

 
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Small Business/Urban Development :

 
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Police:

 
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Child Welfare:

  • LB376 - Authorize the application for and implementation of services and supports for developmentally disabled children  (Child welfare)

  • This family support waiver as a bill will supplement the continuum of developmental disability services and other state programming for children with disabilities, remediate current program gaps, decrease the state's current waiting list for home and community-based services, and offer a pathway for children with disabilities to gain access to the medical assistance program and capped long-term services and supports; and provide support to family caregivers allowing them to remain in the workforce which in turn allows the state to benefit from the family caregivers' private health insurance as a first payer


 
 
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Voting:

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Incarceration Alternatives :

LB56 would make all incarcerated individuals eligible for parole two-years prior to their date of release. The purpose for this is to improve public safety by decreasing the likelihood that offenders are not released from incarceration directly into the community without supervision. The bill also provides for funding to ensure parole officer caseloads remain within statutory and regulatory limits and requires reporting to the Clerk of the Legislature detailed statistics on the caseloads of parole officers, including the number of parolees supervised by each officer, and the offense types and risk assessment level of each parolee.

Monday & Tuesday, February 16-17th

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Education/ School Health:

 
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Constitutional Term Limits:

 

Thursday, February 11th

Child Welfare:

Both LB262 and LB202 changed eligibility in the Young Bridge to Independence Program. Specifically, LB202 allows juvenile-adjudicated youth who have attained nineteen years of age and who were in a court-ordered out-of-home placement to be eligible for the program. 

LB262 will allow non-lawfully permanent resident youth, aging out of foster care, to be eligible for the Bridge to Independence Program, including all of its services and supports.


Environmental:

Legislative Bill 266 seeks to establish a Renewable Energy Standard to advance the development and utilization of clean and renewable energy production in Nebraska. Clean energy standards accelerate clean energy innovation and allow the state to achieve a near net-zero emission electric sector at the lowest cost. The bill also states the scientific consensus that human activities are primarily responsible for exacerbating global climate change.

 

The Nebraska Geologic Storage of Carbon Dioxide Act establishes the legal and regulatory framework for future carbon dioxide capture and removal projects in the state (carbon capture and storage is the process of capturing and storing carbon dioxide (CO2) before it is released into the atmosphere - the technology can capture up to 90% of CO2 released by burning fossil fuels in electricity generation and industrial processes such as cement production). As it stands now, regulatory authority of carbon capture and sequestration (CCS) projects is held at the federal level and involves the Environmental Protection Agency (EPA). Establishing Nebraska specific statutes is the first step to further studies of CCS practicality in Nebraska. The proposed legislation will:

 • Establish legislative intent to facilitate carbon capture in Nebraska

• Designate property rights around storage sites in deep geologic formations

• Assign state regulatory authority of CCS facilities in Nebraska

• Specify the regulatory and permitting process within the existing federal structure

• Create a cash fund sustaining regulatory operations, minimizing impact to taxpayers


Wednesday, February 10th

Child Welfare:

Senator Machaela Cavanaugh is calling for a special committee to investigate the group managing adoption and foster care for roughly 2,500 children in the state. Saint Francis Ministries has estimated a 27 million dollar operating loss for the first year of their contract with Nebraska, due in part to financial misconduct first discovered in the state of Kansas. Their debt can also be attributed to the drastically low bid they offered the state for their services. The bid was 60% lower than the only other competing bid. They accommodated this low bid by saddling their workers with an illegally high number of cases.

Because of this, the proposed committee would use subpoena power to investigate the interactions past and present between Saint Francis Ministries and the Nebraska departments which awarded the original contract. Kansas investigations into the organization's financial mismanagement show company credit cards were used by the former Chief Executive Officer for personal travel expenses, funding his wife's “miracle food” business in El Salvador, and $80,000 for tickets to the Chicago Cubs. For a more complete understanding of the story, use the link in our bio to read a recent update wherein Nebraska signed an emergency contract to continue doing business with this organization, Saint Francis Ministries.

 

Inmate Protections:

LB334 seeks," to increase the number of offenders in the Nebraska correctional system who are exposed to work release prior to their discharge from custody…To do so in settings that also offer therapy, programming, treatment, vocational training, and educational classes. To achieve these goals, it is the intent of the Community Work Release and Treatment Centers Act to empower the Division of Parole Supervision to contract with private providers to establish community work release and treatment centers at various locations throughout the State of Nebraska,” according to the language in the bill.

For related bills check out:

LB559 - Change provisions relating to restrictive housing (solitary confinement) under the Nebraska Treatment and Corrections Act

LB620 - Limit use of restrictive housing (solitary confinement) and solitary confinement

 

This bill seeks to change the rules around the system allowing incarcerated people to earn credits against their time. “Any person sentenced to or confined in a city or county jail, including any person serving a custodial sanction imposed in response to a parole or probation violation, shall, after the fifteenth day of his or her confinement, have his or her remaining term reduced one day for each day of his or her sentence or sanction during which he or she has not committed any breach of discipline or other violation of jail regulations.

 

Tuesday, February 9th

Equity in Education - Student Rights and Protections:

These three bills cover changes to the Student Discipline Act. Legislative Bill 518, would amend the Student Discipline Act to include the behavior that constitutes grounds for long-term suspension, expulsion, or mandatory reassignment. This behavior includes: use of violence, property damage/theft, personal injury, threatening/intimidation, possession of a weapon, unlawful possession of drugs/alcohol, public indecency, bullying, sexual assault, electronic surveillance, or any other unlawful activity.

Under Legislative Bill 198, the grounds and process of suspension are outlined. School districts would be required to have alternative schooling or to develop a plan for expelled students. Students or their legal guardians may request a hearing in response to notice of disciplinary action. The process for hearings is outlined in this bill as well as the timeline for expulsion with regards to the school year. Lastly, Legislative Bill 136, focuses specifically on changes to procedures regarding short-term suspensions.







 

School Safety:

The following two bills relate to student safety in education. Legislative Bill 673, would adopt the Education Behavioral Awareness and Support Act. This act ensures all school employees receive behavioral awareness and intervention training before the end of the school year. This training will include at least the following: recognition of trauma, positive behavior support, verbal intervention and de-escalation techniques, and physical intervention for safety. Training will be funded by the Behavioral Training Cash Fund, which will be administered by the State Department of Education. This bill also covers guidelines for a number of other state funds. Lastly, the bill outlines the role of the state school security director in providing leadership and support regarding the safety of public schools. 

Legislative Bill 322, would adopt the School Safety and Security Reporting System Act. Under this act, a statewide anonymous report line, Safe2HelpNE, would be established to reduce risk and incidents of violence resulting in harm to self, others, or school property.

 

This bill would include a statewide system for tracking individual student achievement as well as student discipline. The systems would combine data by a variety of factors including demographic characteristics. The State Board of Education will analyze and report their findings to the legislature and create an accountability system to measure the performance of individual public schools and school districts. Those with the lowest level of performance will be classified as priority schools.


Monday, February 8th

Identity Freedoms and Protections -Employee Rights:

LB451 discusses the Nebraska Fair Employment practice act and begins by defining terms related to it such as what defines the individual, employer, labor organization, disability and more. The bill explains reasonable accommodations that must be made for individuals with disabilities and in relation to pregnancy and childbirth. For example, making the facility accessible, modifying schedules, providing labor assistance and more. The bill specifically defines race in relation to skin color, hair texture and protective hairstyles including: braids, twists and locks. The last section of the bill explains things that are NOT unlawful in specific situations beyond what is a part of the act.
These items that are not unlawful in certain situations include:
1) to hire or admit an employee on the basis of religion, sex, disability, marital status, or national origin when these items are considered valid factor to employment qualifications
2) for a school, college, university, or other educational institution or institution of learning to hire employees of a particular religion if the institution is mostly or completely owned, supported, controlled, or managed by a particular religion or religious corporation, or if the institutions learning goals are towards the growth of the particular religion
3)for an employer to put in place health and safety standards that regulate the expression of an applicant's or employee's race, national origin, or religion if the employer demonstrates that includes in the case that if this was not done  the health and safety of the applicant or employee will be impaired. This includes: the standard is adopted for non-discriminatory reasons; the standard is applied equally and the employer has engaged in good faith efforts to reasonably accommodate the applicant or employee.

 

LB 440 makes changes to the Nebraska Fair Employment Practice Act. The changes were made and focus upon details of legislation with the Nebraska Equal Opportunity Commission. It changes the definition of cause of action for disability by association. The previous definition excluded individuals from getting forms of relief if the action was by the NEOC. It will now change to include this action now. The second part of the bill alters stature 48-1118. Previously the NEOC was given ten calendar days to serve a complaint on a respondent under this act. The change allows for NEOC to have ten business days to serve a complaint. The last part of this bill changes part of statue 48-118 as well. The NEOC would like more opportunity and time to work with respondents in these situations; therefore this change removes the requirement that a respondent respond within 30 days of notice or findings.

 

LB290 adopts the Paid Family and Medical Leave Insurance Act, which creates paid family and medical leave insurance for eligible workers to provide partial wages in these cases. This leave includes care for themselves, a family member experiencing a serious illness, care for a new child through birth, foster care or adoption, and for military exigency (active duty or called to active duty). Employers contributions fund the program; self-employed individuals can join the program and employers who offer private insurance or programs can opt-out. The bill explains that anyone who receives assistance from the program is entitled to be put back in their previous job position with similar status and wages.

LB258 would adopt the Healthy and Safe Families and Workplaces Act. The act focuses on paid sick leave, it explains that employees will gain at least one hour of paid sick leave for every 30 hours worked and cannot get over 40 hours of paid sick or safe leave in a calendar year unless the employer has a higher limit. Paid sick leave begins collecting after a person is initially hired and carries over to the next calendar year but only at the 40 hours limit or a higher one if set. The paid leave does not apply in cases in which a person has been fired, quit or retired. Incases of a person transferring positions, locations or more, as long as they are still hired by the same employer they are entitled to their paid leave hours.

The next portion of this bill explains what paid sick or safe leave can be used for, including: 1) mental or physical illness, injury, or health condition; an employee's need for medical diagnosis and more, 2) care of a family member with a mental or physical illness, injury, or health condition, 3) need for leave due to domestic abuse, domestic assault, sexual assault, or stalking REGARDLESS if a charge is filed or a conviction has been obtained and 4) Medical attention to recover from physical or psychological injury or disability caused by domestic abuse, domestic assault, sexual assault, or stalking. Lastly, the bill breaks down specific rules on use of paid sick or safe leave such as documentation requirements, confidentiality, and protection for employees in the case of a job not adhering to these regulations.

 

Internet connectivity:

LB388: Legislative Bill 388 establishes the Nebraska Broadband Bridge Act within the Public Service Commission. The Act provides $20 million in grants every year to increase access to high-speed internet across Nebraska. Eligible areas to receive grant money are listed into three categories: unserved areas that have not been targeted for a project, unserved areas that are behind construction, and underserved areas that have developed an internet inclusion plan. Grant money recipients must provide broadband speeds of 100 megabytes per second (mbps) or be faced with paying back the grant.

 LB456: Legislative Bill 456 creates the Nebraska Enhancing Broadband Act within the Department of Economic Development. The act supplies $10 million in grants and loans every year to increase access to high-speed internet across Nebraska. This bill is similar to the previous bill, LB388, as it provides funds for areas of Nebraska that lack access to reliable internet. Recipients of the grant must provide broadband speeds of 100 Mbps or greater, matching funds equal to at least 50% of the development costs for grants, matching funds equal to at least 25% of development costs for loans and complete the project within 18 months. The Department may permit one extension of up to six months upon request and for good cause. 

LB520: Legislative Bill 520 establishes guidelines for counties, cities and villages (villages being rural areas where access to amenities and supplies is limited) for processing requests to construct wireless facilities, site a new wireless tower, or change an existing wireless facility or tower, consistent with Federal Communications Commission standards. The bill requires application fees to be based on reasonable costs for reviewing the project, outlines costs that may not be covered by an application fee and limits the application fee to $500 for modifications or collocations and $1000 for new towers. The bill creates a 60-day shot clock to review and approve an application for an eligible facility request.

 LB604: Legislative Bill 604 intends to encourage broadband investment and infrastructure development by corporations. Development can be achieved through private revenue, while also seeking to enhance and grow the competitive internet environment, while also recognizing the differences in need (under resourced areas of Omaha, small towns in Nebraska, etc.) across the state. This is achieved through expanding existing broadband grant programs, competition, transparency and ensuring commitment follows funding. 

LB455: Legislative Bill 455 establishes the Broadband Pole Attachment Act. The purpose is to create a framework for pole attachment (the term “pole attachment” means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, or right-of-way owned or controlled by a utility.) agreements between electric utilities and broadband service providers; fairly allocate pole replacement costs between pole owners and internet service providers; and authorize the Public Service Commission to resolve disputes between electric utilities and internet service providers.

 

Equity in Education / Remote Learning:

Legislative Bill 684, protects public school employees’ freedom of choice to join or terminate membership in a labor organization at any time. Legislative Bill 623, introduced by Vargas, covers the Remote Instruction Act. Under this act, school boards will develop and adopt a remote learning plan with the help of recommendations and feedback from the general public. The Commissioner of Education will make sure the plan conforms to the act, and after each plan is approved, they will be distributed to parents at the time of enrollment.

Under LB623, remote learning plans will include: a remote learning option for students who are unable to attend in-person, professional development for teachers regarding remote learning, and virtual office hours for teachers providing remote instruction. Each remote learning option will be provided at no cost to the student, and explained in detail including attendance, grading, and interaction policy. Remote students will still have access to all school resources such as counselors and extracurricular activities. Any legal guardian of a student denied rights under a remote learning plan can request a hearing before the school board, and if unfairly treated, are entitled to judicial review.

This bill also outlines the timelines and rules for collective bargaining involving school districts and teachers. All collective-bargaining agreements will include at least the following: a salary schedule, description of benefits, and remote learning placements. The last section covers attendance policies, school property expansions, and the role of education service units.

 

This bill provides an additional 5% benefit per dependent child to those who are receiving unemployment benefits under the Employment Security Law. The maximum addition is 15% if the individual has 3 or more dependents.


Legislative Bill 558, introduced by Vargas, would adopt the Alternative Certification for Quality Teachers Act. This bill states that Nebraska, like many other states, is facing a teacher and substitute shortage. Under this act, a certificate to teach in public schools shall be granted by the State Board of Education to any person in good standing who possesses a valid teaching certificate from another state and completes the annual requirements of the board.

 

LB629 seeks to Create a grant program to provide financial assistance to entities affected by event cancellations. Eligible applicants for this assistance are those who canceled “events that would have been held at an eligible facility as defined in section 13-2703 for which a grant of assistance was received under the Civic and Community Center Financing Act; (b) Events that would have been held at an eligible sports arena facility as defined in section 13-3102 for which state assistance is being provided pursuant to the Sports Arena Facility Financing Assistance Act; and 28 (c) Events that would have been held by a county agricultural society,” according to the LB629.

In addition, small business relief is promised through LB598 Adopt the Small Business Stabilization Grant Program Act. According to this bill a Nebraska “small business “ must be located in Nebraska and “had no more than one million dollars of gross revenue in the most recently completed calendar year.” The bills states, “The purpose of the Small Business Stabilization Grant Program Act is to provide grant funds to eligible businesses that are experiencing a significant loss of revenue as a result of a qualifying event.” The pandemic is a qualifying event.

 

Friday, February 5th

Voting:

Registration applications will request the following information: citizenship, age, name, residence, postal address, address of last registration, telephone numbers, email address, driver’s license number (or last four digits of social security number), date of application for registration, place and date of birth, signature of staff, party affiliation, permanent request for ballot for early voting, and applicant signature.

This bill would also establish the voter registration registrar a public record. Ballots for early voting shall be ready for delivery to registered voters at least 35 days prior to each statewide primary or general election and at least 15 days prior to all other elections. The Secretary of State will make an application form available for registered voters for a ballot for early voting after the ballots become available.

 

Juvenile “justice”:

Related to victims of violent crimes and sexual assault:

LB7 relates to crimes and offenses and the punishment for them. The first section changes the Nebraska Criminal Code and explains a person cannot be punished for an offence if they witnessed or were a victim to a violent crime and what is considered a violent crime. The person cannot be punished if they: 1) report the crime to law enforcement, 2) request emergency medical assistance, or 3) if they provided evidence to investigate the crime. The other sections of the bill explain possession, selling, or distribution of illegal substances and the punishment for each action and amount of a substance for each punishment. LB7 also explains punishments for possession, distribution and selling of substances if the offender is under 18 and for acts of sexual violence. Click the link above to read on these details. 

 

LB497 first explains information for the Nebraska Crime Victim’s Reparations Act, such as: what the commission and committee are, definition of a dependent, and a breakdown of sections that refer to domestic violence and sexual assault. The changes this bill makes are for anyone eligible for compensation under the Nebraska Crime Victim's Reparations Act. Health Care Providers can receive compensation in cases where they will not receive reimbursement from private insurance. In order to be eligible reports are needed from a physician or surgeon who treated the victim. Lastly, LB497 explains that in situations of injury or death of a victim, the committee or an officer can require compensation to be given 1) for the benefit of the person, 2) to the person responsible for maintenance and care of the victim, and 3) to a health care provider for costs from treating or examining injuries of the victim of sexual assault or domestic assault which is separate from the compensation that will be given to the victim or caregiver.

 

This bill has two sections speaking to name changes and providing immunity for controlled substances and alcohol violations for victims and witnesses of sexual assault. The first section relates to name changes and the requirement that they are published in a generally circulated newspaper and specific details for name changes for persons under the age of 19. It explains in order to file in the person’s specific county court they must: 1) be a citizen of such county for at least one year, 2) provide their address, 3) provide their birth date, and 4) explain the reason for changing their name along with the name they would like to change it to. 

  • This bill also seeks to provide immunity for certain alcohol and controlled substances violations by witnesses and victims of sexual assaults and persons cooperating with law enforcement. The second section of this bill relates to the Nebraska Criminal Code. Changes include if a person is a victim or witness of sexual assault they cannot be prosecuted for drug or alcohol-related offenses. The person cannot be prosecuted if they report the assault to law enforcement, requested emergency medical assistance or evidence of the offense was found when the person reported the violent crime to law enforcement or in getting medical assistance. The last portion of this bill breaks down what offenses are eligible and what constitutes sexual assault and the punishment for offenses of each item. 

 

LB497 first explains information for the Nebraska Crime Victim’s Reparations Act, such as: what the commission and committee are, definition of a dependent, and a breakdown of sections that refer to domestic violence and sexual assault. The changes this bill makes are for anyone eligible for compensation under the Nebraska Crime Victim's Reparations Act. Health Care Providers can receive compensation in cases where they will not receive reimbursement from private insurance. In order to be eligible reports are needed from a physician or surgeon who treated the victim. Lastly, LB497 explains that in situations of injury or death of a victim, the committee or an officer can require compensation to be given 1) for the benefit of the person, 2) to the person responsible responsible for maintenance and care of the victim, and 3) to a health care provider for costs from treating or examining injuries of the victim of  sexual assault or domestic assault which is separate from compensation that will be given to the victim or caregiver. 

 

Thursday, February 4th

Revenue and Restarts:

This bill seeks to eliminate certain deadlines for applications and the use of credits pertaining to the Nebraska Job Creation and Mainstreet Revitalization Act. Click the button for full details and an outline of this opportunity.

 

Under this change, “the board shall meet at least twice during the year. The 4 board shall review pending applications in order to approve and certify 5 beginning farmers and livestock producers as eligible for the programs 6 provided by the board,” states LB254

 

Fair Housing:

LB196 eliminates housing discrimination based on lawful source of income. LB196 defines lawful source of income to include income from social security, child support, foster care subsidies, alimony, veterans benefits, or any other form of federal, state, or local public general assistance or housing assistance.

This bill pertaining to the fair housing act includes a revision setting forth that, “ If a complaint is filed with the county attorney, the commission shall be notified. Powers granted to and duties imposed upon the commission (Equal Opportunity 5 Commission) pursuant to such act and sections shall be in addition to the provisions of the Nebraska Fair Employment Practice Act and shall not be construed to amend or restrict those provisions. One of the goals of this bill is to “seek to eliminate and prevent discrimination in places of public accommodation because of race, color, sex, religion, national origin, familial status as defined in section 20-311, handicap as defined in section 20-313, or ancestry,” according to the document available online. Click the button to read the full bill.

 

LB309 - Adopt the Assistance Animal Integrity in Housing Act LB309 would adopt the Assistance Animal Integrity in Housing Act. It seeks to protect both tenants and landlords from fraudulent online assistance animals (service or emotional support animals) and disability documentation scams, which are designed to exploit and financially harm them. 

LB 309 clarifies that a landlord may verify a disability that is not readily apparent of an individual when that individual makes a request for an accommodation for an assistance animal. The bill defines what "reliable disability-related information" tenants may use as verification and what it should verify. 

LB 309 defines "health service provider" as a currently licensed provider who has "personal knowledge" of the tenant, which is also defined. In addition, the bill creates new Class III misdemeanor offenses for knowingly engaging in certain fraudulent acts.

LB394 - Adopt the Public Health Emergency Housing Protection Act and change deadlines for trials in actions for possession and forcible entry and detainer LB 394 adopts the Public Health Emergency Housing Protection Act which allows for a moratorium period on evictions and mortgage foreclosures during a public health emergency such as the Covid-19 pandemic. Tenants will not be subjected to eviction except under limited circumstances, and landlords will be protected from the foreclosure of their rental properties. Tenants and landlords will not be subject to late fees, penalties or interest for delinquent rent, mortgage payments or taxes during this period and for a six month grace period thereafter. The Act also creates a fund to serve as the repository for any federal funds made available for rental assistance and any state funds appropriated for this purpose.


LB402 - Require a Supreme Court report regarding eviction proceedings LB402 requires the Supreme Court to submit a biannual report to the Legislature with information pertaining to eviction proceedings, broken down by county. The report will include information such as the number of eviction proceedings initiated, number of orders granting restitution of the premises entered, and information regarding representation by counsel.

  • Submit a comment for LB402 here

LB419 - Require appointment of counsel in eviction proceedings and provide for a filing fee Revisions included in with this bill associate with summons include: “The summons shall be issued and directed with a copy of the complaint attached to the summons, shall state the cause of the complaint, the time and place of trial of the action for possession, and the answer day for other causes of action, and shall notify the defendant that if he or she fails to appear, judgment shall be entered against him or her. If the complaint is for an eviction proceeding as defined in section 1 of this act, the summons shall also contain a statement in substantially the following form: "As a residential tenant, you have the 22 right to representation by counsel in eviction proceedings. Counsel will 23 be appointed to represent you, at no cost, at the beginning of eviction proceedings."

  • Submit a comment for LB419 here

LB453 - Require landlords to comply with certain ordinances and change provisions relating to remedies under the Uniform Residential Landlord and Tenant Act This bill acknowledges the hurdles that the State of Nebraska has in ensuring that residents are housed in safe and secure places. This bill will require landlords to comply with the registration ordinance before being able to recover under any remedies provided under the Uniform Residential Landlord and Tenant Act. The intended effect of this bill is to empower the city of Nebraska to ensure safe housing and to keep individuals from reaping benefits from an adjudication system when compliance standards have not been met. 

  • Submit a comment for LB453 here

Wednesday, February 3rd

Health and Human Services - Juvenile Health Treatment & Rehabilitation

LB 425 would require the Department of Health and Human Services to contract for the completion of a needs assessment and cost analysis for the establishment of an inpatient adolescent psychiatric unit housed within Lincoln Regional Center and to report on the results of the needs assessment and cost analysis to the Legislature.

 

LB 427 would state the Legislature's intent that the Department of Health and Human Services shall not delay inpatient or subacute substance abuse or behavioral health residential treatment for juveniles under the jurisdiction of a juvenile court when such treatment has been determined necessary after the juvenile’s commitment to the Office of Juvenile Services or has been ordered by a juvenile court. 

LB 428 would clarify that the education programs provided by the Department of Health and Human Services at the youth rehabilitation and treatment centers (YRTCs) shall maintain accreditation by the State Board of Education and that juveniles committed to the YRTCs are entitled to receive an age-appropriate and developmentally appropriate education, equivalent to educational opportunities offered within the regular settings of public school districts across the State.

LB 429 would require the Department of Health and Human Services to give notice to the Legislature prior to implementing any substantial changes to the facilities and programs under the jurisdiction of the Office of Juvenile Services.

LB 490 would require the YRTCs to be licensed by the Division of Public Health. The Division of Public Health regulates other types of facilities that provide care for children. The YRTCs should be able to meet the basic facility requirements that all other child care centers or facilities are required to meet

 

Excessive Force and Police Limitations:

LB51 takes a statewide approach to improve policing: 1.)Increasing standards relating to the certification of law enforcement officers 2.)Streamlining the certification process 3.)Requiring psychological evaluation for certification, 4.)Requiring training in de-escalation techniques 5.)Requiring accreditation of law enforcement agencies 6.)Prohibiting chokehold 7.)Requiring law enforcement agencies to adopt use of excessive force policies and the duty to intervene. 

This bill requires all officers acting in the field to be certified, doing away with reserve force and conditional employment status. It also makes it easier to address officer misconduct by clarifying the definition of serious misconduct.

This bill will require law enforcement agencies “to maintain records regarding officer discipline; to make certain records relating to law enforcement officers public; to create a public data base; to provide a duty for the Nebraska Commission on Law Enforcement and Criminal Justice; to harmonize provisions; and to repeal the original section”. Additionally, the bill asserts that, records shall be maintained “regarding any officer discipline, including:

(i) The name of the officer;
(ii) Disciplinary findings;
(iii) Discipline imposed;
(iv) Whether there was an appeal or grievance, and if so, the outcome of the appeal or grievance; and
(v) Any other information required by the commission.
*These records must be maintained for 10 years. Click the button to the left for more details.

 

LB216 - will prohibit law enforcement officers from making statements prior to trial that could prejudice the judicial process and could reasonably be expected to spread by news agencies or on social media platforms. 

LB217 - Provides for crime and penalty when a law enforcement officer knowingly files a report containing intentionally false statements.

The name of LB551 kind of says it all. Click the black button to read the bill in detail.

 

This bill requires law enforcement officers to intervene when they see excessive force being used. It also requires law enforcement agencies to adopt policies on excessive force.

 

This is another bill regarding the duty to intervene, but it puts it into law instead of just requiring the law enforcement agencies to adopt policies LB110 would impose a duty for law enforcement officers or peace officers, to intervene or stop another peace officer from using excessive force, without regard for the chain of command. Any such peace officer who intervenes or attempts to intervene as required by law is also directed to report the incident to the peace officer's immediate supervisor or to the Nebraska Commission on Law Enforcement and Criminal Justice within ten days after the incident. LB110 would also limit law enforcement officers from using force in various situations. Generally stated, the degree of force used by the officers must be proportional to the situation or circumstances that the officers are facing.


Gender/ Race Identity Freedoms/ Immigration & Mental Health Protections in Criminal Justice:

Beginning September 12, 2021, jails and law enforcement agencies must notify the governing body overseeing them at least 30 days in advance of entering an agreement to enforce immigration law or to investigate, interrogate, detain, detect, or arrest people for immigration enforcement purposes.

 

This bill outlines the information prosecutors will be required to disclose to the public concerning their activities. This transparency will educate voters and improve accountability for prosecutors, who are some of the most powerful actors in the criminal justice system. Annually, the Attorney General shall produce a report analyzing the information received from all prosecutors. A Prosecutorial Transparency Advisory Board will be created (seven members appointed by the Governor) to provide guidance on carrying out the Prosecutorial Transparency Act.

The state has the burden to prove a subject is mentally ill and dangerous, and that voluntary treatments other than inpatient or outpatient treatment ordered by the mental health board are insufficient to prevent harm. This bill would require the commission to establish an indicator in a criminal justice information system that a subject was ordered to inpatient treatment. This indicator would then be used by emergency dispatch operators to alert law enforcement or first responders that the subject has been previously ordered to inpatient treatment and committed to the custody of the Department of Health and Human Services for such treatment.




Tuesday, February 2nd

Equity in Education/ ending hunger in our schools:

LB 117 would provide free breakfast and lunch to all public school students. Schools would be reimbursed by the State for any meal costs that are not reimbursed by the federal school breakfast, lunch or summer meals program. Participation in the Community Eligibility Provision, a federal program that provides meals at no cost to all students in eligible schools, would be required for eligible schools.

 

Legislative Bill 529 seeks to set the distribution of education lottery dollars for a five-year period. Dollars would be allocated as follows: 2.5% to the Access College Early Scholarship Cash Fund • 9.5% to the Behavioral Training Cash Fund • 1% to the Career Mentoring Grant Fund • 2% to the Career-Readiness and Dual-Credit Education Cash Fund • 1% to the College Credit Testing Fee Cash Fund • 4.5% to the Community College Gap Assistance Program Fund • 7.5% to the Excellence in Teaching Cash Fund • 3% to the Expanded Learning Opportunity Grant Fund • 1.5% to the Mental Health Training Cash Fund • 3% to the Nebraska Education Improvement Fund for distance education incentives • 58% to the Nebraska Opportunity Grant Fund • 1.5% to the State Department of Education Cash Fund for the purpose of funding an online education and career planning tool • 4.5% to the State Department of Education Leadership Cash Fund • 0.5% to the State Department of Education Technology Cash Fund.

 

Meatpackersfocus:

This bill would establish that “No person shall operate: (a) A food establishment; (b) a food processing plant; or (c) a salvage operation, without a valid permit which sets forth the types of operation occurring within the establishment”. Click the button to the left to read the full document.

 

According to this bill, by 6 January 1, 2023, state inspection programs should be establishments for plants processing meat or meat products for human consumption. The inspection programs should meet qualifications for cooperative state inspections. This bill also proposes to create a Cooperative State Meat Inspection Cash Fund to carry out these inspection programs.

 

Police Reform:

This bill states that, “The Legislature finds that oversight of municipal law enforcement agencies is a matter of state concern,” and that the “Legislature further finds that certain cities should also establish an oversight board to monitor, investigate, and evaluate police standards and practices.” Importantly the language specifies, “Each oversight board shall be composed of seven members of the public who shall serve for terms of five years. The members of the oversight board shall be appointed by the mayor with the approval of the city council and shall consist of individuals who represent a cross section of the residents of the city. Any member of the oversight board shall be eligible for reappointment to the oversight board at the end of LB515 2021 LB515 2021 -2- 1 the term for which appointed. No person shall serve on an oversight board if, at the time of appointment, during the term for which appointed, or at any time prior to such appointment, such person is or was affiliated with or employed by any law enforcement agency, department, or office of 5the city for which the oversight board was created or of the county in which the city is located”.

 

Environmental:

According to LB228, “ a municipality may, from time to time, create one or more clean energy assessment districts. Such districts may be separate, overlapping, or coterminous and may be created anywhere within the municipality or its extraterritorial zoning jurisdiction,” with some exceptions. LB228 also sets forth, “The governing body of the municipality shall be the governing body for any district so created.” Another key environmental bill being heard on Tuesday the 2nd it LB265. Click here to read the LB265.

 

Monday, February 1st

Health:

This bill adopts the Step-Therapy Reform Act, wherein health carriers use clinical guidelines when establishing a step-therapy protocol. These protocols determine the proper prescription drug coverage (under the health carrier). The bill also outlines the process for handling requests to override step-therapy protocols.

 

This bill prohibits any health insurance plan from charging a higher rate for those seeking mental health services via telehealth (over in-person treatment). It would also require the reimbursement rate for telehealth mental health services to be, at minimum, the same as the rate for in-person treatment.

 

This bill will make sure the reimbursement rate for telehealth consultations will be the same as comparable in-person consultations. This will help the accessibility and market viability of telehealth medicine.

 

Business and Labor - Workers Compensation and Minimum Wage :

LB256 expands the circumstances when a claim under the Nebraska Workers’ Compensation Act can be paid in lump-sum payments rather than periodic payments. The bill also removes the need to submit a settlement for approval for lump-sum payments if future health care services are not a part of the settlement. 

 

LB 463 would amend the Workers' Compensation Act to allow an injured employee to have his or her physician present at an examination requested by the employer or insurance company either in person or remotely by electronic means.

 

LB 122 would eliminate the tipped minimum wage. Currently, employers may pay persons compensated by way of gratuities, like restaurant wait staff and other service industry workers, a minimum wage of $2.13 plus tips. This amount has not been updated for 30 years and has not kept pace with inflation or the increasing cost of living. Under LB 122, tipped workers would be paid at least the state minimum wage of 9.00 an hour - the same as all other workers. 

 
 
 

Tuesday, Jan 26th

Protective acts:

LB297 would prevent any act or omission taken by a person through power of attorney, guardianship, conservatorship of an eligible vulnerable person by obtaining control through deception, or undue influence over their money, or assets.

 

Housing:

An affordable housing action plan may be adopted as part of a city's comprehensive plan or as a separate plan. Under LB44 The action plan includes: 1) Goals for construction of new affordable housing units, 2) Goals for a percentage of areas in the city zoned for residential use, 3) Plans for the use of federal, state, and local incentives to encourage affordable housing, and 4) Updates to the city's zoning codes, ordinances, and regulations to incentivize affordable housing.

 

This bill pertains to taxes on redevelopment plans. It proposes that for any redevelopment plan where more than 50% of the property in the redevelopment project area has been declared an extremely blighted area in accordance with section 18-2101.02, Property taxes shall be divided for a period not to exceed twenty years after the effective date as identified in the project redevelopment contract or in the resolution of the authority authorizing the issuance of bonds according to section 18-2124.

 

LB99 seeks to exempt areas declared to be extremely blighted from the percentage limitations on blighted areas contained in section 18-2103. A city of the distinction, metropolitan, primary, or first class cannot designate more than 35% of the city as blighted.

 

Education:

This bill proposes changes to claiming residency in NE as it relates to college tuition. There are several changes proposed. For example, It would set a standard that at a minimum a person is not deemed to have established a residence in this NE for purposes of sections 85-501 to 85-504, unless they are of legal age or they are an emancipated minor and has established a home in Nebraska where he or she is living for at least 180 days. Click the link above to read the other proposed changes.

 

This bill is related to the above LB92, except these proposed changes pertain to participants in the National and Community Service State Grant Program.

 

This bill pertains to a specific college education award. It outlines guidelines for applicants as well as institutions utilizing this award. Click the black button to read the details of the bill.

 

Transportation:

LB 174 is intended to modernize sections of law relating to the Nebraska Department of Transportation (NDOT) which have become outdated, streamline certain NDOT responsibilities, and make it easier for the public to interact with the NDOT.

 

Currently, if a person is cited by police with a charge of driving under the influence, their operator’s license is momentarily suspended. Under current law if the defendant is charged with driving under the influence but is acquitted or the DUI is dismissed, their license is automatically reinstated. However, current law is unclear what happens when a prosecutor files charges, and subsequently dismisses those charges. Legislative Bill 302 would clarify that if a person charged with a DUI but subsequently the prosecuting attorney decides to dismiss that charge, that person can have their license reinstated as if charges were never firstly filed.

 

LB113 is proposed legislation that amends and revises certain laws relating to the Department of Motor Vehicles (DMV). The bill will change the eight hour drivers education and training course to four hours; allows for changing a beneficiary designation with an electronic Transfer on Death title record; allows for the Director of the DMV to approve driver safety instructors to administer Class O drive tests; allows for the DMV to revalidate annually Restricted Commercial Driver License (RCDL) holders that wish to have the same seasonal permit period over the five year term of the RCDL; it will remove a fee to reinstate a Unified Carrier Registration Plan applicant after suspension or revocation; allows for the DMV to charge the cost of postage and handling to mail specialty license plates; removes the temporary farm permit; and the bill allows for third party skills test examiners who administered the Commercial Drivers License (CDL) skills instruction, to administer the skills test.

 

Wednesday, January 27th

Housing:

This bill pertains to eviction proceedings and the adoption of the Tenant Clean Slate Act. Through this act, those issued clean state relief for an eviction will be granted certain protections. Details of what qualifies an eviction for clean state relief is not provided yet. Protections include that courts will respond to questions of the eviction as if it did not occur or involve the tenant and if a tenant applies for housing, a lease, employment or more, they cannot be questioned about the eviction and can respond as if it never occurred. In application for housing, for evictions in which the relief has been enacted, a landlord cannot consider this eviction.

 

This bill amends section 76-1431 of the Uniform Residential Landlord and Tenant Act and creates changes to unpaid periodic rent. Changes include: 1) unless due to health and safety or material noncompliance, the landlord can deliver written notice to the tenant that the rental agreement will terminate within 30 days of the notice and if the tenant remedies the issue the rental agreement will not terminate 2) after a 30 day notice ends and amounts are still unpaid the landlord can deliver a 7 day notice of agreement termination and after this period of time the landlord can file against the tenant to repossess the space and recover fees in return and more. Click the link above for detailed information on processes in relation to unpaid periodic rent.

 

LB246 changes applicability for forcible entry and actions for possession between landlord and tenant. The changes refer to court proceedings of unlawful and forced entry into a residence. The bill breaks down qualifications to file for possession, which includes specific statute for why this is occurring and what they seek to take back. Lastly, LB246 breaks down circumstances of repossession and what must occur, such as written notice for situations with health and safety, unpaid rent and requirement of written notice, and a landlord may seek injunctive relief, restitution or repossess the space.

 

This bill changes landlord and tenant rights/duties in situations of criminal activity in a residence and allows survivors of domestic violence to break from a rental agreement. The first section breaks down landlord rights for repossessing a property in situations that threaten health and safety and the process for this. Criminal activity that qualifies includes: physical assault or threat of physical assault, illegal use of a firearm or threat of this, possession of a controlled substance and any other threatened activity that risks health and safety. LB320 allows for victims of domestic violence to end a lease agreement and lays out requirements for this situation. These requirements include that the tenant: obtains a protective order, obtains certification of domestic violence by reporting to law enforcement, or obtains certification of domestic violence through a qualified third party. After confirming domestic violence and terminating the lease, the tenant must pay for the month of rent in which the lease was ended but will have no fees for breaking the lease and will not be liable for damages to the premises. 

 

This bill breaks down landlord retaliation and protections for tenants in such cases. LB358 explains a landlords cannot increase rent, decrease services, or threaten repossession if the tenant: 1) complains to a government agency for violation of housing codes 2) tenant has organized or joined a tenant’s union 3) complains to the landlord of violation of housing code or lease agreement 4) the tenant has tried to solve the situation under the lease or law. Landlords can still bring action if the violation is caused by the tenant, rent is unpaid or behind, and if fixing the violation requires the tenant to leave the space.

 

Mental and PHys Health:

The Department of Health and Human Services shall have general control over the admission of patients and residents to all institutions over which it has jurisdiction. Each individual shall be assigned to the institution best adapted to care for him or her.

 

The bill finds and declares that Alzheimer's and other dementia is of significant concern to the State of Nebraska and that the Legislature and the state would benefit from a more coordinated approach to addressing Alzheimer's disease and other dementias.

  • This Bill also creates the Alzheimer’s Disease and Other Dementia Advisory Council, which will examine the trends in Alzheimer’s disease and related dementias (ADRD), existing resources relating to the diagnosis and care of individuals living with ADRD, and other issues related to ADRD. 

  • The council will compile their findings and recommendations and submit them as a State Alzheimer’s Plan to the Legislature and the Governor, continue to issue an updated plan every four years, and submit an annual report to the Legislature and the Governor on the status of the implementation of the State Alzheimer’s Plan.

 

This Bill amends sections 71-4201 and 81-664 to require the Department of Health and Human Services to collaborate with the Stroke System of Care Task Force to create a quality improvement plan for a comprehensive stroke system for stroke response and treatment. 

  • The department will also maintain a statewide stroke data registry that utilizes the American Heart Association's 'Get with the Guidelines' stroke data set or some other data tool that has equivalent data measures. 

  • The department will also establish a data oversight process for stroke response and treatment using and reviewing data coming from the stroke registry. 

  • LB476 also requires comprehensive stroke centers, thrombectomy capable stroke centers, and primary stroke centers and encouraging emergency medical services, and hospitals to report data consistent with nationally recognized guidelines on the treatment of individuals with a suspected stroke and transient ischemic attack within the state.

 

LB325 will amend sections of the Uniform Credentialing Act and Mental Health Practice Act to provide for licensing of qualified art therapists as Licensed Mental Health Practitioners and Licensed Independent Mental Health Practitioners with a credential as a Certified Art Therapist. The bill provides for the certification to be administered by the Mental Health Practice Board.

 

The Reflexologist Registration Act is to ensure the health, safety, and welfare of the public by providing for the accurate, cost-effective, efficient and safe utilization of registered reflexologists in the state of Nebraska. On or after October 1, 2021, no person shall engage in the practice of reflexology for remuneration in Nebraska unless such person is listed in the reflexologist registry.

 

LB14 amends the Audiology and Speech Language Pathology Interstate Compact means that any Audiologist or Speech-Language Pathologist with a license to practice in their home state could travel to a member state of the compact and practice their trade using what is known as a compact privilege without having to test or get a separate license in that remote state.

 

Transparency:

LB112 will require, under Neb. Rev. Stat., Sec. 84-1412, that members of the public be afforded the opportunity to speak at any public meeting subject to the Open Meetings Act.

 

LB17 changes the amortization period in the defined benefit plans administered by the Public Employees Retirement System, including the Judges’, School, and Nebraska State Patrol retirement systems. The current 30-year amortization period for these retirement systems remains in effect until July 1, 2021 .

 

Environmental:

Legislative Bill 190 states the legislature cannot transfer money from the Water Sustainability Fund for any purpose other than to extend the goals stated in Section 2-1506, except if they find the goals of this section are not being accomplished. The goals stated in Section 2-1506 include: provide financial assistance to programs, projects, or activities that increase aquifer recharge, reduce depletion, and increase streamflow, mitigate threats to drinking water, promote objectives of approved management plans or groundwater plans. 

 

LB148 – Legislative Bill 148 moves six environmental programs from the Nebraska Department of Health and Human Services to the Nebraska Department of Environmental Quality which takes place July 1st of this year. The bill rearranges the following four environmental programs into the newly designed Environmental Safety Act: Swimming pools, recreational camps, mobile home parks, and private water supply and/or private sewage home loan inspection.

 The bill also updates the reference to the Federal Safe Drinking Water Act from 2016 to 2021, and creates the Environmental Safety Cash Fund to pay the expenses of the Nebraska Department of Environment and Energy related programs under the new Environmental Safety Act. The Engineering Plan Review Cash Fund has been created to pay the expenses of NDEE related engineering reviews of plans and specifications, including swimming pools.

 

Thursday, January 28th

Juvenile Rights/ Justice System:

This bill states that the court won’t accept a juvenile's waiver of the right to counsel unless the county attorney or city attorney, on the record, waives any possible pre-adjudication or post-adjudication placements of the juvenile outside of the juvenile's home.


The funds from the Juvenile Indigent Defense Fund will be administered by the Commission on Public Advocacy and will only be used to provide legal services to juveniles in juvenile court by providing resources to assist counties in fulfilling their obligation to provide for effective assistance of legal counsel for indigent juveniles, and paying the costs of administering the Juvenile Indigent Defense Grant Program.

 

LB 330 will increase the maximum age limit for access to juvenile court from age 18 to age 21 in an effort to provide more extensive rehabilitative services to Nebraska’s youth.

 

LB354 would require county and district courts to issue a decision on a motion to transfer jurisdiction of a minor to juvenile court within 30 days.

 

LB273 expands options for transferring individuals who are placed at a Nebraska youth rehabilitation and treatment center (YRTC) to the most suitable treatment facilities based on their individual needs and treatment plan.

 

LB89 proposes to change the min age to consent to medical and mental health care.

 

No publicly funded college or university in this state shall, as any part of the student application and admission process, inquire about any criminal history or juvenile court record information regarding an applicant to colleges or universities unless specifically required by state or federal law or when information is offered voluntarily by an applicant for consideration. Any inquiry regarding, or in consideration of, criminal history or juvenile court record information specifically required by state or federal law shall be strictly limited to the scope of such specific requirement.

 

LB 357 would create the Nebraska Youth in Care Bill of Rights. The bill would provide foster youth in out-of-home placements and those placed in Youth Rehabilitation and Treatment Centers with a list of rights related to services, connection to family, life skills and transition planning, and how to file a grievance or appeal if they believe their rights have been violated. The bill ensures that youth are expressly informed of these rights at regular intervals in an age-appropriate manner by their caseworker and know how to advocate for themselves.

 

Environmental:

LB 336 would allow for a limited permit that provides access to all permit areas excludingLake McConaughy State Recreation Area and Lake Ogallala State Recreation Area for nonresidents of the state of Nebraska. For a regular nonresident annual permit, which includes access to all the Game and Parks areas including Lake McConaughy and Lake Ogallala, the fee would be $80.00 and the temporary regular permit for a nonresident motor vehicle would be $15.00. Ninety-five percent of the additional funds from the nonresident permits will pay for operational costs at Lake McConaughy and Lake Ogallala.

 

Legislative Bill 399 makes clarifications in the section of statute providing procedures to be used for improvements in rural water districts. Essentially, the bill states that no construction of any such water-system improvement should begin until the plans and specifications have been approved by the Department of Health and Human Services (except that if the improvement involves a public water system).

 

Health Access:

This bill aims to adopt the Occupational Therapy Practice Interstate Compact. The goal of this bill is to increase access to occupational therapy to improve public health. If adopted, Nebraska would recognize occupational therapists who have been licensed in other states that have also adopted the interstate compact. 

 

Legislative Bill 416 aims to tackle the large maternal mortality rates of the nation and the state between Black and white mothers. If passed, the bill will require all healthcare professionals of any capacity to complete implicit bias training. The bill would require the state to request 12 months of postpartum care to be covered under medicaid and medicare and set aside funds for the reimbursement of doulas. Also, the bill lists several other funding requests for programs that would advance prenatal care and health screenings.

 

This bill details information on billing practices relating to the Medical Assistance Act and pertains to multiple procedure payment reduction, which is part of the federal medicaid program. In this part of the program, when a person receives multiple procedures on the same day, the main operation is paid at highest cost and the following operations are at reduced rates. LB100 states that multiple procedure payment reduction is not applied under the Medical Assistance act if the situation applies to therapy services such as physical therapy, occupational therapy or speech language pathology. 

 

This bill changes a part of a statute of the Medical Assistance Act, such that until July 1, 2023, the department of health and human services will not add long term care services (skilled nursing facilities, nursing facilities, assisted living, home/community based services) into the medicaid care program. DHHS has declared an emergency, so if the bill is passed it takes place immediately.

 

LB347 is relevant to public assistance violations and regulations for the fraud control unit in the case of false medicaid claims. The first section amends sections of statutes for prosecution of felonies depending on the time after the offence. For most of the revisions, prosecution will not occur unless a grand jury finds the defendant guilty in certain time amounts. The bill also dictates what cases and what years in which offenses occur apply to the changes. The second section of this bill discusses what the medicaid fraud unit’s duties are, which include investigating and prosecuting fraud and violations in medical claims under the False Medicaid Claims Act. The Attorney General is given rights in investigating false claims including: entering the space of a provider and accessing records/accounts relevant to the offense, right to subpoena witnesses/materials, and access to records by the provider of recipients with full protection of the person’s privacy. Lastly, this bill explains the punishment for offenses of false medicaid claims. For example, if the offense results in benefits gained or attempted to gain of $500 or less, the punishment is a class II misdemeanor. For detailed explanation of this bill, visit the link above.


Friday, January 29th

Social Justice and Civil Rights:

LB 88 relates to student journalists' rights of freedom of speech and freedom of the press, with some exceptions. The bill relates to public high schools and public postsecondary institutions in Nebraska.

 

LB 28 will permit individuals to file motions for new trials when new evidence or material is discovered, or new testimony has become available that could not be produced at trial.

 

LR20CA proposes that an amendment be submitted to the electors of the State of Nebraska to repeal Article I, section 29 of the State Constitution, a dated and unenforceable amendment which states that only marriage between a man and a woman shall be valid or recognized in Nebraska and that the uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.

 

LB57 would bring Nebraska in line with federal rules of evidence by allowing an eyewitness to describe a statement made by a third party which describes or explains an event or condition, made while or immediately after the third party perceived it. Such statements would be added to the state's hearsay exceptions. 

 

Public Assistance:

This bill concerns public assistance programming for aid to dependent children and breaks down eligibility requirements in relation to the following: federal Temporary Assistance for Needy Families program, low-income home energy assistance program, Supplemental Nutrition Assistance Program (SNAP), and the child care subsidy program. LB553 explains that when determining assets and income in these circumstances, certain things shall not be considered, including:

1) income from educational savings accounts

 2) scholarship or grant income for post-secondary education (educational programs after high school)

3) income from post-secondary work study programs

 4) income from qualified programs in section 77-1402 

5) income from grant funded research participation relating to childhood development and its relationship to income

 6) income from tax credits from the School Readiness Tax Credit Act

 

This bill describes eligibility for the low income home energy assistance program; for a household to be eligible, the total annual income must be no more than 150% of the federal poverty level as determined annually by the US Department of Health and Human Services. Also, DHHS will give 10% of funds each year to the low income home energy assistance program. There is a declared emergency which means if this bill is passed it will go into effect immediately. 

Child Wellbeing:

This bill changes sections of the Quality Child Care Act, focusing on criteria for early childcare and early childhood programs. It outlines specific licensure/ratings requirements for programs. For example, licensure for programs handling those from birth - kindergarten entrance age is a step-one rating.

 

LB97 updates the current adoption statute to recognize adoption by two persons jointly and provides for the adoption of a minor child with a sole legal parent by a second adult person with whom the child has a parent-child relationship.

LB245 analyzes Nebraska’s adoption statutes and makes several changes to streamline and update the adoption process. The bill also incorporates and defines all categories of fathers identified by the Supreme Court in case law and increases the time period for a putative father to file an objection to an adoption.

 

LB541 will expand and standardize caregiving levels and treatment options for Nebraska’s highest needs youth in out of home care.

 

LB 495 would increase contractual payments to foster parents and foster care agencies to ensure continued stabilization of the foster care system in Nebraska. Requires the Division of Children and Family Services, of the Department of Health and Human Services to implement increased foster care reimbursement rates as outlined in the Foster Care Reimbursement Rate Committee report dated June 22, 2020.

 

LB47 makes two changes regarding child support orders. The first makes any known obligee a party in interest to child support or paternity cases. Currently, if a custodial parent receives state assistance and the state is bringing the action against another parent, the custodial parent is not always a party to the case. This denies them certain legal remedies available to other custodial parents.  The second change requires notice in child support orders explaining the obligee’s ability- as a party to the case- to file an Application for Order to Show Cause that requests the court enter an order requiring the person who owes support to appear in court and show cause why they should not be held in contempt of court for failure to pay child support.

 

Changes the definition of “child” to persons under 18 years of age to allow paternity to be established, regardless of marital status of the individual’s parents.

 

The purpose of LB281 is to require that public schools provide four(4) hour per year in body awareness training to students in K through 5 and teacher training as a preventative method for helping reduce incidents of child sexual abuse.

 

LB 653 would require that municipalities which approve a redevelopment project utilizing tax-increment financing (TIF) for which the amount of divided taxes exceeds $200,000 establish goals to utilize historically underutilized businesses in such project for construction, services, and commodity purchases. 

LB 556 would confirm a city’s ability to include any additional requirements in a redevelopment contract for a redevelopment plan or redevelopment project. This could be used to ensure that such plan or project complies with the city's comprehensive development plan, the city's affordable housing action plan, city zoning regulations, or any other reasonable planning requirements or goals established by the city.

 

Monday, March 1st

COVID 19:

Under the bill, COVID-19 claims by employees would not affect employers’ workers’ compensation insurance premiums. The bill creates a fund that would be used to pay for retroactive COVID-19 workers’ compensation claims with the intent that it would be funded primarily by federal funds available for COVID-19 recovery.


LB 30 will limit the total out-of-pocket costs to patients with insulin drug prescriptions to $100 per each 30 day supply, regardless of the amount or type that is needed to fulfill the prescription. 


LB 480 intends to raise the minimum wage in yearly increments, starting in January of 2022, to reach the ultimate amount of twenty-dollars by January of 2032.


LB241 would enact health and safety protections for meatpacking workers during the COVID-19 pandemic, ending on December 31, 2021. 

These include: 

• 6 foot radius of space around and between each worker, including in common spaces such as lunchrooms, break rooms, and locker rooms 

• Free face masks and face shields for all employees, which would be replaced at least daily and more often as needed, such as when they become damaged or soiled • Requirement that all individuals in meatpacking facilities wear a face mask while in the facility

 • Regular disinfection of all frequently touched surfaces, installation and maintenance of ventilation systems that ensure unidirectional airflow, ventilation with outdoor air, and air filtration in both production and common areas

 • Temperature screening and COVID-19 questionnaire completion before each time any individual enters the facility

 • Paid work time for any employee who may have been exposed to coronavirus to get tested, an employee who has tested positive for at least two weeks but as long as the worker is still showing symptoms.

 • Requirement for employers to track coronavirus-related deaths and positive cases (daily and disaggregated by race and ethnicity) and report this information to DHHS, Department of Labor, Business and Labor Committee, and HHS Committee (weekly).

 • Notification to workers who work near and/or at the same time as another employee who has tested positive for COVID-19 

LB241 also gives the Department of Labor the authority to enforce these provisions, make unannounced workplace inspections, inspect employer records, make recommendations during inspection, file a report of its findings within 30 days following the inspection, and issue a citation and, if needed, an administrative penalty.


 

Tuesday, March 2nd

LB 270 creates the Pharmacy Benefit Manager Regulation Act. The Act would add definitions for spread pricing and clean claims and transfers current statutory provisions into the insurance code. The bill will prohibit exclusionary networks, prohibit punishing patients by requiring them to pay higher copayments for medications dispensed at local pharmacies, prohibit steering patients to mail order or PBM-owned pharmacies, protect pharmacies from being paid below their cost for dispensing medications, and protect patients with meaningful cost-sharing provisions. The bill provides funds for and requires the State Auditor to audit the Medicaid pharmacy program.

 

Wednesday, March 3rd

LB349 acknowledges that El Malik El Shabazz, better known as Malcolm X, was a civil rights leader, a staunch advocate, and a pursuer of freedom, justice, and equality. To acknowledge the work of El Malik El Shabazz, LB 349 intends to incorporate and observe, on May 19 of each year, El-Hajj Malik El2 Shabazz, Malcolm X Day

LB 29 replaces Arbor Day with Juneteenth as a state holiday.

LB 300 clarifies the Castle Doctrine in the State of Nebraska by giving a rebuttable presumption that an actor’s use of force is in self-defense if a person had forcibly and unlawfully entered the actor’s dwelling, place of work, or motor vehicle.

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