Senators voted 41-8 to override Governor Pete Ricketts' veto of a measure to allow counties to impose a sales tax to help pay for federal judgments in excess of $25 million. Senator Myron Dorn, a former Gage County supervisor, introduced LB472 to help Gage County pay for a $28 million federal judgment for the wrongful conviction of six individuals.

 

LB472, the Qualified Judgment Payment Act, would allow a county board, on a two-thirds majority vote, to enact a sales and use tax of one-half of one percent to help pay for a qualified federal judgment. The county would have to set its property tax levy at the maximum 50-cent level to help pay for the judgment.

 

Governor Ricketts opposed the bill because the question of implementing a sales tax would not be presented to voters.

 

Senators praised Dorn for his dedication in researching and pursing options to help Gage County's taxpayers. He also introduced LB473 that would allow political subdivisions to borrow money from the state to pay for a federal judgment and LB474 would allow wrongfully convicted persons to seek payment for damages through the State Claims Board.

Bills Advanced from Select File

On Thursday, the Legislature advanced bills from Select File, including the following:

 

LB184 would create the Small Wireless Facilities Deployment Act to facilitate the rapid development of 5G wireless coverage in Nebraska. Wireless providers would have the right to collocate small wireless facilities and install, maintain, modify, operate and replace utility poles along, across, upon, and under the public right-of-way. Such placements would be considered a permitted use and not subject to zoning review or approval. The bill sets out application fees, timelines for approval of applications, pole heights, and other details.

 

LB96 would make the state building code the default code for any city or county that does not otherwise enact a code. The code would not apply to construction on a farm or farm purposes.

 

LB155 would state the intent of the state of Nebraska to protect its land, natural resources, and cultural resources for economic an aesthetic purposes by regulation of energy generation projects. It would create a rebuttable presumption that the exercise of eminent domain to provide needed transmission lines and related facilities for a privately developed renewable energy generation facility is a public use. As introduced, LB155 would have prohibited the use of eminent domain for such purposes. It was prioritized by Senators Tom Brewer and Robert Clements.

 

LB179 would authorize the appeal of certain motions on sovereign immunity as final orders in response to a Nebraska Supreme Court opinion.

 

LB595 would add restorative justice programs to the Dispute Resolution Act. Restorative justice programs provide an informal opportunity for the person causing harm to accept responsibility and for victims to describe the impact of the harm and identify the losses incurred. Programs can include mediation, conferences and panels, as well as projects or classes. The bill provides for use of restorative justice programs in juvenile court and school settings.

 

LB86 would prioritize extremely blighted areas to receive grants from the Affordable Housing Trust Fund. The bill sets out procedures for cities to declare an area extremely blighted. It contains language from LB88 that would provide a $5,000 refundable income tax credit to persons who purchase and live in a residence located in an extremely blighted area.

 

LB560 would revise provisions of the Beginning Farmer Tax Credit Act addressing tax credits, subsequent rent agreements, and subsequent applications.

 

LB657 would allow Nebraska farmers to grow hemp as a commercial crop. Growers would have to be licensed and fields identified by maps and GPS coordinates.

 

LB375 would exempt certain library, archive, and museum materials from disclosure as public records when the donor provides the materials on the condition that they are kept confidential for a specified period of time.

 

Bills Passed by the Legislature

The following are among the bills passed by the Legislature this week:

 

LB524 would require political subdivisions except cities of the metropolitan class to give notice of annexations to county officials prior to July 1 in order for the newly-annexed property to be included in the entity's taxable valuation for the current year. Annexation information received after July 1 would be considered in their taxable valuation the following year. Currently, the information must be provided by August 1 and assessors must certify taxable values to taxing entities by August 20. Cities of the metropolitan class would remain subject to the existing August 1 deadline. Senator Myron Dorn introduced LB524 on behalf of NACO.

 

LB616 would speed up development of the south beltway around Lincoln by allowing the Department of Transportation to enter into contracts with non-appropriation clauses. The clause would state that the funding for the project is subject to an annual appropriation by the Legislature. Because there would not be a bonding instrument or debt mechanism in the contract, it would not violate Nebraska's constitutional prohibition against the state incurring debt.

 

LB6 would change residency requirements for spouses and children of active duty military personnel who are assigned to duty outside of Nebraska. The bill would allow postsecondary students to be considered as in-state residents for purposes of determining tuition rates.

 

LB130 would require new residential construction to use radon resistant construction standards.

 

LB405 would update statutory references to the International Building Code and International Residential Code that are used by the state, counties and cities. Counties, cities, and villages would have to notify the State Energy Office within 30 days if they amend the local building code in a way that deletes portions of the state code. The bill would take effect on July 1, 2020.

 

LB138 would create several specialty license plates for persons who have served in the armed forces, as well as new Support Our Troops license plates for persons who have not served but want to support servicemembers. Money generated from sales of the Support Our Troops plates would be used to fund a veterans' workforce development coordinator at the Department of Labor.

 

LB356 would create new wildlife conservation specialty license plates supporting sandhill cranes, bighorn sheep, and ornate box turtles, as well as other specialty plates supporting prostate and childhood cancer awareness. The Department of Motor Vehicles would be allowed to cease issuance of certain specialty plates at the next issuance cycle if fewer than 250 plates were issued during the prior two-year period.

 

LB227 would limit filing nuisance claims under the Nebraska Right to Farm Act to two years after the condition which is the subject matter of the suit reaches the level of offense sufficient to sustain a claim of nuisance.

 

LB496 would increase penalties for tampering with witnesses, informants, juries, and physical evidence.

 

LB693 would enact the Neighbor Spoofing Protection Act. It would allow the Attorney General to recover a civil penalty from persons transmitting incorrect phone caller-ID information with an intent to defraud, cause harm, or wrongfully obtain anything of value.

 

Signed by Governor Ricketts

Governor Ricketts signed a number of bills that were presented to him last week. Bills of interest to counties are listed below.

 

LB663 makes corrections to like-kind exchange laws adopted last year that use the net book value of depreciable personal property to determine the Nebraska adjusted basis. Last year's laws were intended to retain Nebraska's tax policy allowing the exchange of similar kinds of equipment despite federal tax law changes. However, further revisions were needed this year to clarify the process.

 

LB23 amends the Property Assessed Clean Energy Act (PACE). It eliminates a requirement for city ordinances and county resolutions creating PACE districts to contain language requiring verification that the renewable energy system or energy efficiency improvement was properly installed and operating as intended. PACE is used to finance energy efficiency, renewable energy, and water conservation upgrades to buildings. Projects can include insulation, storm windows and doors, energy recovery systems, certain energy-efficient fixtures, and other energy efficiency improvements. The city or county, property owner, and sometimes a third-party lender enter into agreements in which the governmental entity agrees to provide financing for an energy project in exchange for property owner's agreement to pay an annual assessment for a period not to exceed the weighted useful life of the energy project.

 

LB222 requires volunteer fire departments and rescue squads to certify to the state the total number of points accumulated by volunteer members toward a $250 income tax credit. Under existing law, the volunteer department's certification manager forwards the information to the county, city, village or fire district, which approves and certifies the list of volunteer hours and files it with the Department of Revenue. The bill removes the unnecessary certification by the local governing body beginning on January 1, 2020.

 

LB698 requires the cargo or contents of commercial motor vehicles and trailers to be properly distributed and secured to prevent it from falling out. Violations are an infraction subject to a fine of $200 for the first offense and $500 for a second or subsequent offense. A civil penalty of $1,000 may also be imposed.