106th Nebraska Legislature

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1 February 25, th Nebraska Legislature David C. Levy, Editor Michael D. Sands, Associate Editor The First Session of the 106th Nebraska Legislature convened on January 9, The Legislature completed bill introductions on January 23, 2019, and will not introduce any more bills this Session. After the first five days of bill introductions, we identified ten bills warranting particular attention. Summaries of these bills are available here. After days six through ten, we identified eighteen additional bills. Summaries of these bills are available here. An update on those bills is available here. An updated chart of First Session bills related to economic development, governmental/municipal law, real estate/financial transactions, energy/renewable energy, telecommunications, taxation, and healthcare is available below. We will continue to update and republish the chart as the Session progresses. Copies of all bills are available on the Nebraska Legislature's website at Please do not hesitate to contact us if you have questions about these bills or any others. Thank you. David C. Levy Michael D. Sands Addison E. Fairchild Economic Development LB23 LB68 Change the Property Assessed Clean Energy Act Change provisions of the Business Improvement District Act as prescribed Urban Affairs 2/5/19 Hansen, M. Urban Affairs 2/19/ Baird Holm LLP 1

2 LB86 LB100 LB124 LB136 the allocation of the Affordable Housing Trust Fund and the collection and remittance of the documentary stamp tax State intent relating to an appropriation to the Nebraska State Historical Society jointly created clean energy assessment districts under the Property Assessed Clean Energy Act Adopt the Density Bonus and Inclusionary Housing Act Wayne Revenue 1/25/19 Wayne Appropriations 3/1/19 Crawford Urban Affairs 2/5/19 Select File Wayne Urban Affairs 2/19/19 LB187 LB310 LB413 LB417 LB419 LB437 LB535 LB604 LB613 LB720 Priority LB724 Change the Sports Arena Facility Financing Assistance Act Change procedures for tax credits under the Nebraska Job Creation and Mainstreet Revitalization Act Change applications submission deadlines under the Nebraska Advantage Act Change application deadlines under certain tax incentive programs Change the Nebraska Advantage Act and create a fund and grant program Change application deadlines under the Nebraska Advantage Act Prohibit employment discrimination by qualified businesses under the Nebraska Advantage Act Authorize High-Wage Jobs and Capital Investment Creation Fund entities and provide grants, loans, and economic assistance to such entities Change application deadlines under certain tax incentive programs Adopt the ImagiNE Nebraska Act and provide tax incentives Provide requirements for boards of directors in order to qualify for incentives under the Nebraska Advantage Act Lindstrom Revenue 2/22/19 Vargas Revenue 2/13/19 Brandt Revenue Friesen Revenue Bolz Revenue Linehan Revenue Cavanaugh Revenue Lindstrom Business and Labor 2/4/19 Crawford Revenue Revenue Vargas Revenue 2019 Baird Holm LLP 2

3 Energy / Renewable Energy LB16 LB65 LB76 LB218 LB241 LB283 LB285 LB302 LB366 LB373 LB456 LB509 LB585 LB621 LB700 Provide for withhold of records relating to certain critical infrastructure Authorize a licensing exception under the State Electrical Act the nameplate capacity tax Redefine tangible personal property and gross receipts for tax purposes Provide for teacher mentoring program grants using income from solar and wind agreements on school lands Provide for a climate change study State intent to appropriate funds to the Nebraska Power Review Board for a study and state public policy Merge the State Energy Office with and rename the Department of Environmental Quality Change registration fee for alternative fuel-powered motor vehicles Provide setback and zoning requirements for wind energy generation projects Provide a sales and use tax exemption for certain machinery and equipment used to produce electricity Redefine the terms net metering and qualified facility and change powers and duties of a local distribution utility Create the Renewable Fuel Infrastructure Program, Eliminate a sales tax exemption, and provide for grants solar energy and wind energy, declare certain instruments void and unenforceable, and provide for a civil cause of action Provide for decommissioning and reclamation of wind energy conversion system Briese 2/8/19 Groene General Affairs 1/28/19 Initial Williams Revenue 2/8/19 Lindstrom Revenue 2/22/19 Bolz Education 1/28/19 Pansing Brooks Executive Board 2/11/19 McCollister Natural Resources Hughes Natural Resources 1/30/19 Bostelman Brewer Transportation and Telecommunications Engrossment 2/26/19 1/31/19 Lathrop Revenue McCollister Natural Resources Friesen Revenue Kolowski Judiciary 2/21/19 Bostelman Natural Resources 2019 Baird Holm LLP 3

4 LB704 Provide for a request for proposals for renewable energy for stateowned buildings and a study regarding state vehicles Governmental / Municipal Law LB11 LB20 LB21 LB67 LB95 LB96 LB101 LB148 LB150 LB151 LB155 Brewer Priority LB193 LB194 Provide for interlocal agreements regarding nuisances Require voter approval of public building commission bonds Provide formal protest procedures for certain state contracts for services determination of municipality population thresholds and references to cities, villages, and governing bodies Change applicability provisions for building codes Change local building code provisions Change provisions of the Nebraska Political Accountability and Disclosure Act relating to a potential conflict of interest by an elected office holder of certain cities or villages or a school district Change requirements for public hearings on proposed budget statements and notices of meetings of public bodies access to public records and provide for fees Adopt the Government Neutrality in Contracting Act Eliminate authority for eminent domain by certain political subdivisions cities of particular classes and villages, correct and include references as prescribed, and eliminate obsolete provisions and repeal definitions cities of the first class as prescribed McCollister Blood Briese and Veteran Affairs and Veteran Affairs and Veteran Affairs 1/29/19 Hansen, M. Urban Affairs 1/22/19 1/24/19 2/20/19 Wayne Urban Affairs 2/12/19 Wayne Urban Affairs 2/12/19 Wayne Groene Brewer Brewer and Veteran Affairs 2/22/19 2/6/19 2/8/19 2/20/19 Brewer Natural Resources 2/7/19 General File Urban Affairs Urban Affairs Urban Affairs 1/22/19 Urban Affairs 1/22/ Baird Holm LLP 4

5 LB196 LB204 LB210 LB212 LB242 notices of certain zoning matters in cities of the metropolitan class and for hearings under the Business Improvement District Act Require approval of voters for bonds under the Interlocal Cooperation Act Change independent expenditure reporting requirements and require electioneering reporting Change requirements for videoconferencing and telephone conferencing under the Open Meetings Act Adopt the Infrastructure Improvement and Replacement Assistance Act and provide for a turnback of state sales tax revenue Urban Affairs Briese Crawford Government Military and Veterans Affairs Urban Affairs 1/22/19 1/24/19 1/6/19 General File Lindstrom Revenue 2/22/19 LB254 Adopt the Fair Chance Hiring Act McCollister Business and Labor 2/4/19 General File LB261 LB307 LB385 LB394 LB411 LB412 LB445 LB452 Require use of redistricting maps drawn using state-issued computer software certain Department of Environmental Quality Funds Change election provisions for the board of trustees of the Nebraska State Historical Society State intent relating to an appropriation to the Department of Transportation Provide an additional method of changing the number of county commissioners Require an election regarding creation of a joint public agency Require a city of the metropolitan class to provide an annual budget report relating to use of any occupation tax levied and collected Change boundaries of Nebraska planning and development regions and provide a procedure for a county to move to an adjacent region DeBoer Executive Board 2/14/19 Albrecht Natural Resources 1/31/19 Erdman Engrossment 2/13/19 Wishart Appropriations Scheer Geist 2/14/19 2/7/19 McDonnell Urban Affairs 2/26/19 Clements 2/20/19 LB466 Adopt the Redistricting Act Howard Executive Board 2/14/ Baird Holm LLP 5

6 LB473 LB492 LB564 LB581 LB583 LB731 LB736 Healthcare Change revenue and taxation provisions relating to judgments against public, corporations and political subdivisions, authorize certain loans, and provide powers and duties to the State Treasurer Adopt the Regional Metropolitan Transit Authority Act Change the Civic and Community Center Financing Act Require the use of generally accepted accounting principles in preparing budgets under the Nebraska Budget Act Provide powers for certain counties under the Transportation Innovation Act new or updated comprehensive plans adopted by municipalities Provide restrictions on occupation taxes, license fees, and regulation by counties and municipalities Dorn Revenue 2/28/19 Wayne Urban Affairs 2/26/19 Bolz Urban Affairs 3/5/19 Albrecht Hilgers 3/1/19 Hunt Urban Affairs 3/5/19 Murman 2/28/19 LB89 LB110 Wishart Priority LB159 LB216 LB409 LB457 LB597 LB659 Liquor LB56 Change certain marijuana penalties Wayne Judiciary 3/20/19 Adopt the Medical Cannabis Act Wishart Judiciary 1/25/19 Change provisions of the Nebraska Life and Health Insurance Guaranty Association Act Prohibit releasing a person in custody to avoid medical costs Adopt design standards for health care facilities Define and redefine terms relating to industrial hemp under the Uniform Controlled Substances Act Require reporting incidents and development of policies for assisted-living facilities Remove cannabidiol from list of controlled substances Change special designated licensure provisions under the Nebraska Liquor Control Act Williams 2/5/19 Select File Judiciary 2/6/19 Kolowski Urban Affairs 2/12/19 General File Lathrop Judiciary 2/13/19 Walz Health and Human Services 3/1/19 Wayne Judiciary 2/20/19 Lowe General Affairs 1/28/ Baird Holm LLP 6

7 Real Estate / Financial Transactions LB28 LB30 LB42 LB57 LB70 LB85 LB87 LB145 LB146 Authorize damages for property taxes and special assessments paid on property lost through adverse possession Change and eliminate provisions under the Professional Landscape Architects Act Provide certain responsibilities and a duty under the Condominium Property Act and a duty under the Nebraska Condominium Act Prohibit regulation of short-term rentals and provide for taxation agreements Adopt the Uniform Voidable Transactions Act and eliminate the Uniform Fraudulent Transfer Act Provide for a rental housing inspection program for a city of the metropolitan class of a city of the primary class Provide funding in opportunity zones designated pursuant to federal law Change power of attorney provisions relating to banks and other financial institutions Change liability and damages provisions for refusal to accept acknowledged power of attorney Judiciary 1/24/19 Hilkemann and Veteran Affairs Morfeld Urban Affairs 1/29/19 Hanse, M. 1/25/19 General File 1/28/19 1/28/19 Wayne Urban Affairs 1/22/19 General File Wayne Urban Affairs 2/19/19 Hansen, M. 2/12/19 Hansen, M. Judiciary 1/24/19 Initial Engrossment LB186 Adopt the Online Notary Public Act Lindstrom 1/25/19 Select File LB188 LB203 LB264 LB265 Change the rate of interest charged on loans under the Nebraska Installment Loan Act Change provisions of the Music Licensing Agency Act Redefine premises under the Disposition of Personal Property Landlord and Tenant Act Adopt the Unsecured Consumer Loan Licensing Act and clarify licensing provisions under the Delayed Deposit Services Licensing Act and the Nebraska Installment Loan Act Lindstrom 1/29/19 Select File Briese General Affairs 2/4/19 Select File La Grone Judiciary 1/24/19 La Grone Engrossment 3/12/ Baird Holm LLP 7

8 LB317 LB348 LB355 LB379 LB393 LB395 LB396 LB405 LB407 LB424 LB463 LB523 Eliminate Public Service Commission inspection authority under the Nebraska Uniform Standards for Modular Housing Units Act and eliminate applicability and references to manufactured homes under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles and rename the code Adopt changes to the state building code money transmitters, installment sales, and mortgage loans Change provisions under the Delayed Deposit Services Licensing Act and the Nebraska Installment Loan Act Increase the documentary stamp tax Change landlord's power of possession provisions in cases of domestic violence Change landlord and tenant provisions relating to continuances and rental deposits Adopt updates to building and energy codes Grant in-state credit unions powers of out-of-state credit unions as prescribed Change the Nebraska Municipal Land Bank Act Change provisions of the One-Call Notification System Act Provide a documentary stamp tax exemption for certain deeds and property tax exemption for certain charitable organizations Urban Affairs 2/5/19 Quick Urban Affairs 2/12/19 General File La Grone 1/29/19 3/12/19 Groene Revenue 2/8/19 Hansen, M. Judiciary 3/1/19 Hansen, M. Judiciary 3/1/19 Hunt Urban Affairs 2/12/19 General File Lindstrom 2/26/19 Quick Urban Affairs 2/19/19 Williams Revenue 2/8/19 General File Linehan Revenue 2/8/19 LB602 Adopt the Domestic Stock Insurance Company Division Act Lindstrom 3/12/19 LB633 real property owner information available to the public Wishart 3/1/ Baird Holm LLP 8

9 Prohibit discrimination by a seller of landlord on the basis of sexual LB689 orientation, gender identity, or citizenship status in any real estate transaction or lease Tax Increment Financing LB432 LB648 LR14CA Include tax-increment financing valuation in adjusted valuations for purposes of state aid to schools and change school district levy authority Change the Community Development Law Constitutional amendment to authorize municipalities to pledge property taxes for up to twenty years in more than one-half of the property in a redevelopment project is extremely blighted Taxes and Tax Equalization Commission LB158 LB250 LB289 LB314 LB349 LB493 LB512 LB601 LB614 Telecommunications LB29 the assessed value of real property agricultural land and horticultural land receiving special valuations county assessor inspections of real property for property tax purposes Adopt the Remote Seller Sales Tax Collection Act and change revenue and taxation provisions Provide sales and use tax collection duties for certain peerto-peer rentals of vehicles property tax exemptions under the Nebraska Housing Agency Act Change revenue and taxation provisions Change a property tax exemption relating to educational, religious, charitable, and cemetery organizations Change revenue and taxation provisions Provide and eliminate telehealth provisions Cavanaugh Judiciary 3/1/19 Groene Education 3/5/19 Wayne Urban Affairs 3/5/19 Wayne Urban Affairs 3/5/19 Brewer Revenue 1/24/19 Walz Revenue 1/30/19 Linehan Revenue 2/1/19 Briese Revenue 2/14/19 Friesen Revenue Wayne Revenue 2/28/19 Linehan Revenue 1/31/19 Lindstrom Revenue Crawford Revenue 3/1/19 Health and Human Services 2/6/19 Initial 2019 Baird Holm LLP 9

10 LB116 LB184 LB208 LB401 Authorize electronic delivery of insurance policies and billing information to insureds Adopt the Small Wireless Facilities Deployment Act Provide an exception for leasing dark fiber or providing certain telecommunications and related services by a state agency or political subdivision Adopt the Midwest Interstate Passenger Rail Compact Friesen Walz Quick Transportation and Telecommunications Transportation and Telecommunications Transportation and Telecommunications 2/12/19 and Review Initial 2/4/19 2/4/19 3/5/ Baird Holm LLP 10

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