Bill gutted to become civil practice proposal, advanced

Lawmakers amended and advanced a bill April 4 that would make several updates to Nebraska law governing civil practice and procedure.

As introduced by Lincoln Sen. Danielle Conrad, LB1195 would have expanded eligibility for two programs aimed at addressing a shortage of legal professionals in certain areas of the state. Conrad said the proposal needed additional work, however, so the bill was chosen as a vehicle for other measures.

A Judiciary Committee amendment, adopted 31-0, gutted the bill and replaced it with provisions of several others related to civil practice and procedure.

The amendment includes provisions from Conrad’s LB1265 that would require the Commission on Public Advocacy to establish eligibility criteria and guidelines for service providers seeking funds from the Legal Aid and Services Fund. The amendment also clarifies that grants should be awarded only to legal service providers offering direct legal representation.

“What we wanted to do was tighten up that program a little bit and provide some accountability,” Conrad said.

Other bills included in the committee amendment are:
● LB832, introduced by Bellevue Sen. Carol Blood, which would authorize the Governor to accept full or partial cession or retrocession of federal juvenile jurisdiction on behalf of the state when offered by the appropriate federal authority;
● LB902, introduced by Bennington Sen. Wendy DeBoer, which would prohibit an assisted living facility from requiring a third-party financial guarantee as a condition of admission, expedited admission or continued stay unless the third-party has legal access to a resident’s income;
● LB1220, introduced by Lincoln Sen. Carolyn Bosn, which would update property law regarding personal representatives, small estate affidavits, payments and transfers to minors and the roles of trustees and conservators; and
● LB1268, introduced by Conrad, which would raise the homestead exemption from $60,000 to $120,000 regarding judgment liens and forced sale.

After voting 31-0 to adopt a technical amendment from Conrad, lawmakers voted 38-0 to advance LB1195 to select file.