Session Review: Government, Military and Veterans Affairs

Lawmakers dealt with a variety of issues this session related to government, military and veterans affairs. Among the approved proposals was a measure that may abolish the Nebraska Office of the State Treasurer.

LR284CA, introduced by Hastings Sen. Dennis Utter, will place a proposed constitutional amendment on the November 2010 general election ballot that would abolish the office effective Jan. 8, 2015, if approved by voters.

The measure passed on a 38-8 vote.

Election law

Senators also considered several bills this session dealing with election law in Nebraska.

LB325, introduced by Omaha Sen. John Nelson, allows an election commissioner or county clerk to decide whether a voter who has an error in his or her name on a precinct list will be issued a provisional ballot or a regular ballot. An election commissioner or county clerk also is authorized to decide which ballot to issue a registered voter who moves within a county but fails to update his or her voter registration.

The bill requires election commissioners or county clerks to implement a countywide policy with regard to ballot designation. The bill also stipulates that a provisional ballot will be counted if it contains errant or omitted information contained elsewhere on the registration or certification or if the information is not necessary to determine voter eligibility.

Senators passed LB325 on a 45-0 vote.

LB852, introduced by Lincoln Sen. Bill Avery, removes the prohibition against write-in spaces on primary election ballots for directors of natural resources and public power districts. The bill also permits write-in spaces on general election ballots for directors of reclamation, natural resources and public power districts as well as members of the board of educational service units and members of county weed district boards.

The bill passed 47-0 and takes effect Jan. 1, 2011.

A bill designed to bring Nebraska into compliance with the federal Military and Overseas Voter Empowerment Act (MOVE) was given final approval by lawmakers.

According to Avery, sponsor of LB951, MOVE requires states to make ballots and other election materials available via facsimile or electronic mail to members of the armed forces, overseas citizens and persons residing outside the country. Beginning with the November 2010 general election, states must send validly requested absentee ballots no later than 45 days before a federal election.

States also must develop a process for those casting ballots under the provisions of MOVE to be able to check the status of their ballot via the Internet or a toll-free telephone call.

LB951 was amended to contain provisions of two additional bills sponsored by Avery.

LB850 requires the University of Nebraska, state colleges and community colleges to provide information on early voting prior to each statewide primary and general election.

LB716 adds membership on a community college board of governors to the definition of high elected office.

The bill passed on a 32-11 vote.

Three additional bills dealing with election law stalled during general file debate.

A measure that would require Nebraska political party committees to file the same campaign statements as independent committees was bracketed during first round debate.

LB635, sponsored by Omaha Sen. Heath Mello, would have required political committees that conduct independent expenditure activity to abide by the same reporting requirements under the Nebraska Political Accountability and Disclosure Act as independent committees that are not affiliated with a political party or candidate.

A motion to bracket the bill was adopted 25-12.

Lawmakers declined to advance LB544, sponsored by South Sioux City Sen. Robert Giese, which would have required Nebraska’s secretary of state to develop and publish a uniform statewide guide for election workers.

LB544 failed to advance from general file on a 17-27 vote.

Lawmakers also declined to advance a measure that would have lowered signature requirements on some initiative petitions in Nebraska.

LR300CA, introduced by Nelson, would have placed a proposed constitutional amendment on the November 2010 general election ballot that would reduce the number of petition signatures needed to place future proposals on Nebraska ballots.

The measure would have reduced the signature requirement for proposed constitutional amendments from 10 percent to 5 percent of registered voters. Signature requirements for an initiative to enact a law would have been reduced from 7 percent to 3 percent of registered voters.

LR300CA failed to advance from general file on a 7-12 vote.

Counties

Several bills affecting county government were considered by lawmakers this session.

Cities and counties sharing jurisdiction of an airport are no longer required to form a joint board to set and enforce airport hazard regulations.

LB512, introduced by Omaha Sen. Scott Lautenbaugh, allows cities and counties that adopt minimum zoning regulations prescribed by the state Department of Aeronautics to forego the current requirement to form a joint board to set and enforce such regulations.

LB512 was passed on a vote of 44-1.

Senators also passed a bill dealing with internal audits of county boards.

Under, LB475, introduced by Sen. Arnie Stuthman of Platte Center, a county board in a county with a metropolitan class city must now appoint a separate auditor to perform internal audits. Douglas is the state’s only county with a metropolitan class city.

The bill passed on a 45-0 vote.

A bill that changes the appeals process for some county planning commission decisions also was given final approval.

LB970, introduced by Lincoln Sen. Kathy Campbell, requires that in counties containing a primary class city, an appeal of a county planning commission decision regarding a conditional use or special exemption be made to the county board. An appeal of a decision by a county board may then be made to the district court.

Currently, Lancaster is Nebraska’s only county containing a primary class city.

Senators passed the bill 47-0.

Other bills

Senators passed a bill that changes provisions relating to state Military Department personnel and National Guard member peace officer powers.

Under LB550, sponsored by Avery, the state Military Department will consist of:

• an adjutant general with a minimum grade of lieutenant colonel;
• one deputy adjutant general, chief of state or deputy director with a minimum grade of colonel;
• one assistant director for Nebraska Emergency Management Agency affairs; and
• other officers and enlisted personnel in the number and grade as prescribed by U.S. Army and U.S. Air Force personnel documents.

The bill also extends law enforcement authority to Nebraska National Guard members serving federal Title 32 U.S. Code status and to National Guard members from other states and territories while in active service to Nebraska.

Under the bill, the governor is required to grant law enforcement authority to Nebraska National Guard members on state active duty orders in a state status, and he or she can limit such authority as necessary.

LB550 was passed 45-0.

A bill aimed at making settlement agreements involving public entities more open to public scrutiny was approved this session.

LB742, sponsored by Omaha Sen. Beau McCoy, requires public entities or agencies providing coverage to a public entity, official or employee to maintain public records of all settlement claims. A written settlement agreement must be included for claims settled for $50,000 or more, or 1 percent of the public entity’s total annual budget, whichever is less. The settlement agreement must contain a brief description of the claim, the amount of financial compensation and the party or parties released.

The bill also:

• requires that settlement agreements meeting the above criteria, except for those involving the state, be included as an agenda item at the next meeting of the public agency or entity;
• allows specific portions of an agreement to be withheld from the public, as permitted by other statutes;
• requires a copy of the claim or settlement agreement to be maintained as a public record; and
• stipulates that confidentiality or nondisclosure clauses contained in a settlement agreement will neither cause nor permit a settlement agreement, claim or any other public record to be withheld from the public.

The bill does not apply to claims made in connection with insured or self-insured health insurance contracts.

LB742 passed on a 48-0 vote.

Under LB139, sponsored by Avery, the state’s Mexican-American Commission will be known as the Commission on Latino-Americans.

The bill passed on a 38-5 vote.

Senators passed a bill that changes some state Department of Administrative Services procedures, among them one related to the sale of historical properties.

LB722, introduced by Avery, allows the state to sell buildings and lands on the National Register of Historic Places to a nonprofit community organization. The state also must prioritize projects that would create low-income housing or economic development.

Senators passed LB722 on a 46-0 vote.

LB978, introduced by Mello, directs the state Department of Administrative Services in its competitive bidding process to purchase or lease only energy star certified products. The materiel administrator may choose otherwise if the cost of an appliance exceeds its projected energy savings.

Lawmakers voted 46-0 to approve the bill.

Senators also approved a bill that creates a program to control health hazards caused by lead-based paint.

Original provisions of LB987, introduced by Omaha Sen. Bob Krist to establish a lung cancer study, were replaced by an amendment offered by Omaha Sen. Brenda Council proposing a Lead-Based Pain Hazard Control Program.

The revised bill directs the state Department of Economic Development to award a $200,000 grant to a city of the metropolitan class if the city is able to secure grant funding for lead-based paint abatement from the federal Department of Housing and Urban Development. Omaha is the state’s only city of the metropolitan class.

The Nebraska Health Care Cash Fund is designated as the grant’s funding source.

LB987 passed 46-0.

Two additional bills stalled during floor debate.

LB686, introduced by Lexington Sen. John Wightman, would have increased fees required for recording instruments with the register of deeds from $5 per page to $10 per page for the first page and $6 for each additional page.

LB686 failed to advance from general file on a 19-17 vote.

A bill that would have modified the competitive bidding process for government purchases of heavy equipment failed to advance from select file.

LB948, introduced by Avery, would have required the state Department of Administrative Services, when making purchases, to consider:

• the life-cycle costs for all classes of equipment;
• evidence of expected life;
• repair and maintenance costs; and
• energy consumption, including fuel, on a per-year basis.

Senators gave unanimous consent to bracket the bill.