After completing their work, the Nebraska Legislature has adjourned sine die. Senators balanced the budget, provided property tax relief to agricultural landowners, tightened limits on school district spending, accelerated road projects, and increased opportunities for wind energy development. 

            Governor Ricketts vetoed three bills, but the Legislature attempted to override only one. LB 947, introduced by Omaha Senator Heath Mello, allows lawfully present immigrants to apply for professional and commercial licenses. This bill would extend benefits to youth qualifying for the Deferred Action for Childhood Arrivals (DACA) program. Under executive order, President Obama has allowed certain young people that were brought into the country illegally as children to be deemed temporarily lawfully present in our country. Last year, the governor vetoed legislation allowing drivers’ licenses for this group of individuals, but his veto was overridden on a 34-10 vote. Thirty votes are required to override a governor’s veto. 

Read more: Legislative Update

            The Legislature completed Day 59 of this 60-day legislative session on Wednesday, April 13, when the remainder of the pending bills were read on Final Reading and sent to the governor. The governor has 5 days, excluding Sunday, to decide whether to sign or veto the legislation. Senators won’t meet for the last day until Wednesday, April 20, thereby allowing for the consideration of overriding any veto that might be made by the governor.

            The Legislature passed LB 958 and LB 959, bills that were aimed at providing property tax relief. LB 958 increases the annual funding for the Property Tax Credit program by $20 million, with the additional funding distributed to agricultural landowners. This will be accomplished by valuing agricultural land at 90%, rather than 75%, of market value for purposes of calculating the property tax credit program. LB 959 eliminates the minimum levy adjustment which reduces state aid to districts with levies less than $0.95, removes the levy criteria from the averaging adjustment calculation and reduces the special levy school districts can use to address health, safety and accessibility problems in school buildings. This bill is projected to increase state aid to primarily rural school districts by $8.5 million.

Read more: Legislative Update

            This past week, the Legislature gave second-round approval to LB 10, which would return Nebraska to a winner-take-all system for the distribution of electoral votes in presidential elections. Our current system awards a presidential electoral vote to the winner in each of the state’s three congressional districts, while giving two votes to the statewide winner. In addition to Nebraska, only Maine does not deliver all of their electoral votes to the statewide presidential winner.

            LB 10, introduced in 2015 by Senator Beau McCoy, has been filibustered at every stage of debate, requiring a cloture motion to cut off debate and allow for a vote on the advancement of the bill. Last year, at the first stage of debate, the cloture motion was successful, but it fell two votes short at the second stage of debate. After being prioritized again in 2016, the cloture motion was successful this year at the second stage of debate. Senator Ernie Chambers is very much opposed to this legislation and promised to halt the session if it was advanced. Consequently, the next couple days proceeded at a very slow pace.

Read more: Legislative Update

                The Legislature gave first-round approval to both bills introduced on behalf of Governor Ricketts, containing his plan for property tax relief. However, the bills have been completely rewritten through the amendment process.

LB 959, as amended by committee amendments, eliminates the minimum levy penalty which reduces state aid to districts with levies less than .95 cents, removes the levy criteria from the averaging adjustment calculation, and caps the special levy school districts can use to address health, safety and accessibility problems in school buildings at 3 cents, down from 5.2 cents. LB 959 will allow a number of school districts to reduce their levy and will also provide more state aid to some districts that depend heavily on property taxes to fund their schools.

Read more: Legislative Update

            The budget bills were given second-round and final approval this past week. Governor Ricketts now has 5 days (excluding Sunday) to decide whether he’ll use his line-item veto authority to strike specific budget appropriations from the package. His vetoes are due to the Legislature by midnight on Wednesday, March 30. The budget passed by the Legislature did not differ markedly from what the governor recommended.

            My priority bill, LB 744, received first-round approval this past week on a 42-0 vote. Under LB 744, open adoptions would be recognized in state statute, allowing for future communication or contact between birth parents and adoptive parents in private and agency adoptions. However, the law would make it clear that the failure to comply with such an agreement would not affect the validity of the adoption. A recent Nebraska Supreme Court decision stated that until the Legislature acts to approve of these open adoption arrangements in a private adoption context, they will not recognize them and will instead continue to hold that relinquishments signed with the promise of such an open adoption are invalid.     

Read more: Legislative Update

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