Senators dealt with a variety of issues relating to government this session. Among the measures passed were bills dealing with the use of public resources, shooting ranges and county ordinances.
LB626, introduced by Wilber Sen. Russ Karpisek, allows the incidental use of public resources by public officials and employees.
The bill:
- allows public resources such as cell phones and computers to be used to communicate unexpected schedule changes or essential personal business;
- allows for the use of public resources in preparing, presenting or disseminating information about ballot questions;
- restricts the use of public resources for communicating about a ballot issue once a legislative body puts an issue on the ballot;
- extends the exemption for incidental use of public resources when it could result in personal financial gain or when used in relation to ballot issues;
- allows public officials and employees to use their official titles when campaigning for or against ballot questions on personal time; and
- outlines appropriate use of government vehicles by public officials and employees.
LB503, introduced by Schuyler Sen. Chris Langemeier, prohibits cities, counties and other political subdivisions from regulating existing shooting ranges complying with performance standards through zoning, rules, regulations, ordinances or laws regulating noise or the discharge of a firearm.
Ranges in compliance with shooting range performance standards, as well as building and safety codes, are permitted to repair or rebuild facilities and expand membership activities within existing areas. Localities still are permitted to regulate the location and construction of new shooting ranges and to use eminent domain for infrastructure projects. Eminent domain cannot be used to acquire property with shooting ranges when the proposed use of the property is for shooting-related activities, recreational activities or private commercial development.
Finally, the bill permits cities, counties and other political subdivisions to limit the operating hours of shooting ranges to between 7 a.m. and 10 p.m.
Senators also passed a bill that allows county boards to enact ordinances and impose penalties for violations.
While counties had the authority to pass only non-binding resolutions, LB532 now allows county ordinances in four areas:
- parking relating to snow removal and emergency vehicle access;
- abandoned and junk vehicles not including agricultural equipment;
- graffiti; and
- false alarms.
LB532 passed on a 45-4 vote.
LB402, introduced by Lincoln Sen. Bill Avery, extends the deadline from June 1, 2010, to Dec. 31, 2012, for applications made under the Convention Center Facility Assistance Act.
The act permits political subdivisions that have approved general obligation bonds for convention center projects to apply for the remittance of state sales tax revenues generated by entities benefiting from the facility.
LB402 permits bonds approved by more than 50 percent of voters at any statewide or local primary, special, joint or general election.
The bill includes provisions from LB128, also introduced by Avery, which provides enabling legislation for a bonding-related constitutional amendment passed by Nebraska voters in 2008.
Senators passed LB402 on a 49-0 vote.
Nepotism laws were clarified this session, under a bill introduced by Avery.
LB322 prohibits an executive branch official or employee from engaging in nepotism or supervising family members.
Under the bill, a family member is defined as a spouse, child, parent, sibling, grandchild or grandparent by blood, marriage or adoption.
An employee or official is required to notify his or her agency head within seven days of becoming a supervisor to a family member.
Exceptions to the bill’s prohibitions are possible, provided the agency head granting the exception shows good cause and notifies the Accountability and Disclosure Commission.
LB322 passed on a 45-0 vote.
Senators also addressed the state employee expense reimbursement process.
LB533, introduced by Price, directs the state Department of Administrative Services to require receipts for meal expense reimbursement incurred while traveling on state business. The deadline for submitting reimbursement claims is extended to 60 days. Previously, claims were required monthly.
LB533 passed on a 48-0 vote.
In another effort to streamline government operations, senators passed a bill allowing some public governing bodies to record roll call and voice votes with an electronic voting device.
LB361, introduced by Avery, applies to governing bodies created under the Interlocal Cooperation Act, the Joint Public Agency Act and the Municipal Cooperative Financing Act. Under the bill, county governing bodies also are allowed to use electronic voting devices.
LB361 contains provisions from two other bills.
LB465, introduced by Imperial Sen. Mark Christensen, allows educational service units to hold meetings by video or telephone conference. No more than half of the annual meetings can be held using such methods.
LB639, introduced by Karpisek, allows risk management pool governing bodies to conduct more than half of their annual meetings by telephone conference if their quarterly meetings are conducted in person.
LB361 passed on a 48-0 vote.
Senators also passed LB434, introduced by Fremont Sen. Charlie Janssen, which changes ballot questions relating to township organization.
The bill also clarifies county ballot questions regarding discontinuance of a township organization and creation of a county board of commissioners. The ballot must indicate that a vote be taken on whether there will be five or seven county commissioners.
The bill passed on a 48-0 vote.
Also introduced by Janssen, LB348 authorizes access to tax statements at the register of deeds office.
LB348 passed on a 48-0 vote.
Lawmakers passed a bill that extends building height restrictions on the west side of the state Capitol Building.
Building height restrictions are currently enforced in an area around the building called the Capitol Environs District, which extends to K, 13th, H and 10th streets. LB450, introduced by Lincoln Sen. Kathy Campbell, extends the west border to Fifth Street, protecting the area between Lincoln’s county-city building and Rosa Parks Way.
LB450 passed on a 48-0 vote.
Senators passed a bill removing from statute several inactive state boards, commissions, committees, councils, task forces and working groups.
LB154, introduced by Avery, was in response to a committee report that surveyed all state boards and commissions.
The bill passed on a 45-0 vote.
A bill introduced by Omaha Sen. Brad Ashford was amended into LB35, a bill heard by the Judiciary Committee.
LB273, increases fees charged for county sheriffs to hand-deliver court documents. The measure raises five types of fees by 20 percent and allows a plaintiff to recover costs upon a voluntary payment after an action is filed but before a judgment is issued.
Several bills heard by the committee remain on general file.
LB475, introduced by Platte Center Sen. Arnie Stuthman, would eliminate the position of county comptroller.
In counties with a population of 300,000 or greater, the county clerk also serves as comptroller. Currently, Douglas is the state’s only county with a qualifying population.
A bill that would repeal the Campaign Finance Limitation Act and require greater disclosure of political contributions also remains on general file.
Under LB638, sponsored by Omaha Sen. Scott Lautenbaugh, all contributions and expenditures over $50 would be disclosed. The current requirement for disclosure is set at $250. LB638 also would require daily electronic filing of contributions and expenditures by 2012.
Another bill currently on general file would change provisions relating to state Military Department personnel and National Guard member peace officer powers.
Under LB550, sponsored by Avery, the state Military Department would consist of:
- one 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.
Also on general file, LB512, introduced by Lautenbaugh, would allow all 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.
Under a bill introduced by South Sioux City Sen. Robert Giese, the secretary of state would be required to develop and publish a uniform statewide election guide for election workers.
LB544 remains on general file.
Another bill introduced by Avery was LB139, which would change the name of the Mexican-American Commission to the Hispanic-American Commission.
The measure remains on general file.
