Legislative Bill Summary - 2007   pg. 1


One-Hundredth Legislature: First Session BILL SUMMARY website: http://nebraskalegislature.gov/web/public/research

LB 6 - Adopt the Nebraska Safe Haven Act.   
LB 7 - Change the rights of the public regarding agenda items under the Open Meetings Act.   
LB 66 - Require school districts to develop driver safety courses.   
LB 84 - Regulate traffic approaching or passing an authorized emergency vehicle.   
LB 93 - Authorize a new firefighter license plate and fund emergency training.   
LB 103 - Authorize release of patient information and change provisions relating to regional trauma advisory boards.   
LB 105 - Appropriate funds for the Nebraska Forest Service.   
LB 144 - Adopt the Hepatitis C Education and Prevention Act.   
LB 157 - Provide for leaving an infant with a firefighter or hospital staff member.   
LB 160 - Change fire and rescue department provisions relating to clothing, equipment, and donations.   
LB 185 - Change provisions relating to health and human services.   
LB 194 - Change disciplinary provisions of the Uniform Licensing Law.   
LB 196 - Permit the Adjutant General to designate certain vehicles as military emergency vehicles.   
LB 244 - Change provisions relating to transportation of patients in ambulances.   
LB 253 - Adopt the Motorcycle Safety and Training Act and change motorcycle helmet provisions.   
LB 254 - Change child passenger restraint system and occupant protection system provisions.   
LB 264 - Adopt the Volunteer Emergency Responders Incentive Act and provide for an income tax credit.   
LB 274 - Require a warning label on liquefied petroleum gas tanks and provide a limitation on liability.   
LB 278 - Change permitted uses of county sales tax revenue.   
LB 289 - Change procedure relating to elections to exceed the tax levy limit.   
LB 293 - Redefine public safety official with respect to infectious disease exposure.   
LB 361 - Prohibit public funds’ use for dues or membership fees as prescribed.   
LB 391 - Change provisions relating to public records and meetings.   
LB 392 - Change provisions relating to municipal counties.   
LB 395 - Adopt a New Nebraska Clean Indoor Air Act.   
LB 401 - Provide for notations on drivers’ licenses and state identification cards requiring advance medical directives.   
LB 416 - Exempt government retirement benefits from income tax.   
LB 437 - Change provisions relating to issuance of specialty and personalized license plates.   
LB 448 - Change limitation of action provisions under the Political Subdivisions Tort Claims Act.   
LB 463 - Adopt the Uniform Credentialing Act.   
LB 485 - Change tax levy provisions relating to fire protection districts.   
LB 489 - Change provisions relating to and require buses to have occupant protection systems.   
LB 584 - Adopt the Reduced Cigarette Ignition Propensity Act.   
LB 592 - Change provisions relating to sanitary and improvement districts.   
LB 607 - Provide a requirement for full-time fire personnel in certain cities of the first class.   
LB 622 - Require training courses in public records and the Open Meetings Act for all members of a public body, public officers, and public employees.   
LB 628 - Change budget provisions and levy limitations for cities, villages, and counties.   
LB 661 - Change provisions relating to telecommunications.   
LB 667 - Permit municipalities to allow pedestrians to solicit contributions on roadways.   
LB 676 - Prohibit the blocking of railroad crossings for more than a specified time and to provide penalties.   
LB LR1CA - Constitutional amendment to change legislative salaries.   
LB LR3CA - Constitutional amendment to change from a unicameral legislature to a bicameral legislature.   
LB LR13 - Provide the Legislature encourages public fire departments to implement national fire safety guidelines.   

 

NSVFA 2007 Legislative Goals

  1. Transfer of surplus equipment with grant of limited immunity (2006 LB 1072)

  2. State income tax credit for active volunteer firefighters/EMTs – Based on a point system

  3. Safe cigarette legislation

  4. Legislation to return levy authority to fire protection districts from County Boards

ARCHIVE:  Ninety-Eighth Legislature: First Session | Ninety-Ninth Legislature: Second Session

BILL NO.

INTRODUCER

(COMMITTEE) HEARING

DATE

SYNOPSIS/BACKGROUND

POSITION

STATUS

LB 6

Pahls, Nelson, Harms, McDonald, Pedersen, Fischer

(Judiciary)

01/17/07

Adopt the Nebraska Safe Haven Act.

Infant 30 days of age or younger voluntarily placed at a hospital, police department or manned fire station shall be accepted by Department of Health and Human Services for foster care placement.  Designated facility is defined as a hospital, police department or manned fire station.  Designated facility shall immediately notify HHS of placement and upon notice, HHS shall take immediate custody of the infant. The person shall record the name and address of the parent or parents if the information is offered, but no attempts shall be made to solicit the name and address of the parent of the infant.  The Act terminates on September 1, 2011.  No statement on limitation of liability. 

Neutral

 

In Committee

 

LB 7

Preister

(Government)

01/18/07

Change the rights of the public regarding agenda items under the Open Meetings Act.

In open meeting, if citizen speaks on new business, governing body may discuss even if not on agenda.  Public body cannot require person to be on agenda in order to speak. 

Watch

 

In Committee

LB 66

Stuthman, Janssen, Louden

(Education)

01/30/07

Require school districts to develop driver safety courses.

Requires each school district to develop for grades 10 through 12 driver safety course for pupils 16 to 18 years old. School systems failing to establish driver safety course guilty of a deviation from the rules and regulations for the approval and accreditation of schools.

Watch

 

In Committee

 

LB 84

Howard, Aguilar, Cornett, Flood, Lathrop

(Transportation)

01/22/07

Regulate traffic approaching or passing an authorized emergency vehicle.

Requires motorist traveling on a controlled access highway (interstate) with at least two adjacent lanes of travel in the same direction where a stopped authorized emergency vehicle is located with proper audible or visual signals to proceed with due caution, yield the right of way by moving into a lane at least one moving lane apart from the stopped authorized emergency vehicle unless directed by a peace officer or other authorized emergency personnel.  If moving into another lane is not possible, motorists approaching or passing shall reduce speed, maintain safe speed and proceed with due care.  Violation for first offense is a traffic infraction and for second or subsequent offense a Class IIIA misdemeanor.  Department of Roads required to erect signs giving notice of the law. Enforcement of the section shall not be accomplished using simulated situations involving an authorized emergency vehicle.  This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. 

Support

 

IPP

LB 93

Cornett

(Transportation)

02/13/07

Authorize a new firefighter license plate and fund emergency training.

Firefighter license plate created in consultation with State Fire Marshal.  One type of plate alphanumeric and other is personalized. Volunteer or full-time firefighter in Nebraska may apply. Application for firefighter plate must be signed by the fire chief.  Cost is $15 for regular plate, one-third of which is paid to the Department of Motor Vehicles and two-thirds paid to the Firefighter Response Cash Fund. Personalized message plate is $40 with 75% to the Department of Motor Vehicles and 25% to the Firefighter Response Cash Fund. Existing license plate law would be amended to expand language for prohibited message plates.  The Firefighter Response Cash Fund would be used to provide training by the State Fire Marshal.

Support Firefighter Only

 

In Committee

 

LB 103

Erdman

(Health)

01/19/07

Authorize release of patient information and change provisions relating to regional trauma advisory boards.

Presently, patient data received or recorded by emergency medical service or out-of-hospital emergency care provider may be released to a receiving health care facility.  This is amended to read receiving licensed health care facility.  In addition, patient data received by the Department of Health and Human Services may be released to an emergency medical service, to any out-of-hospital emergency care provider, or to a licensed health care facility for purposes of treatment.  A record may be shared with the emergency medical service or out-of-hospital emergency care provider that reported the specific record.  Specifically deleted is the following sentence which presently is in the law: Emergency medical service specific data and out-of-hospital emergency care provider specific data shall be released only upon the written authorization of the service or the provider who is the subject of the record.

LB 103 amended into LB 185 by AM221. 

Support with Clarification

 

GF 02/05/07

LB 105

Louden, Adams, Carlson, Christensen, Dierks, Fischer, Harms, Hudkins, Kopplin, McDonald, Preister, Howard

(Appropriations)

Appropriate funds for the Nebraska Forest Service.

Due to the fires in Dawes and Sioux Counties, intent language states it is important to provide funding to the Nebraska Forest Service in order to thin the forests to reduce forest fuel loads.  Appropriated in each of the next two fiscal years 2007-08 and 2008-09 would be $425,000 for the Nebraska Forest Service for forest fuels management.

Support

 

In Committee

 

LB 144

McDonald, Pankonin

(Health)

01/31/07

Adopt the Hepatitis C Education and Prevention Act.

Task force is created by members appointed by the Governor which include a pharmacist and a resident of Nebraska affected by Hepatitis C.  The task force is charged to develop a comprehensive strategic plan to address the increasing epidemic of Hepatitis C in Nebraska.

Support with EMS on Panel

 

In Committee

 

LB 157

Stuthman, Carlson, Nantkes

(Judiciary)

01/17/07

Provide for leaving an infant with a firefighter or hospital staff member.

Authorizes parent to voluntarily deliver a child, 72 hours old or younger, to a firefighter at a fire station or to a hospital staff member engaged in the activities of admission, care or treatment of patients if the hospital staff member is at a hospital.  The firefighter or hospital staff member shall take temporary physical custody of the child if the parent did not express an intent to return for the child.  The firefighter or hospital staff member shall protect, preserve and aid the child and notify a law enforcement officer of abandonment within four hours of the abandonment.  A firefighter or hospital staff member shall incur no civil or criminal liability for any good faith acts or omissions performed.  Once notified, a law enforcement officer shall take temporary custody of the child.  HHS shall maintain and update report on number of children abandoned on a monthly basis and also submit an annual report commencing on January 1, 2008 to the Legislature.  HHS required to place child with potential adoptive parent as soon as possible and file a petition to terminate the parental rights of the parent leaving the child.

Neutral

 

In Committee

 

LB 160

Cornett, Flood, Lathrop, Rogert, White, Howard

(Urban Affairs)

02/13/06

Change fire and rescue department provisions relating to clothing, equipment, and donations.

Provides limited immunity for a person who donates fire control or rescue equipment to a volunteer department or a political subdivision for use by its volunteer department.  Immunity is not extended for injury, damage, loss, or death caused by the donor’s intentional or reckless conduct or gross negligence. The limitation of liability does not apply to vendors or manufacturers of fire control or fire rescue equipment.  Fire control or fire rescue equipment means any vehicle, equipment, tool, communications equipment, or protective gear used in firefighting, rescue services or emergency medical services.  The bill also amends §35-801 which was adopted in the early 1990's.  Under current law, no person is allowed to knowingly transfer, sell or offer for sale to any fire department or firefighter any item of clothing of equipment unless the item meets or exceeds minimum standards established by the National Fire Protection Association in effect at the time of the transfer, sale or offer for sale.  The amendment to this section makes it applicable only to a vendor or manufacturer. 

Support

 

Approved by Governor Heineman, April 5.  Becomes law 3 calendar months after Legislature adjourns.

 

LB 185

Health

(Health)

01/18/07

Change provisions relating to health and human services.

LB 103 amended into LB 185 by AM221

 

GF 01/25/07

AFE 02/05/07

LB 194

Pahls

(Health)

01/31/07

Change disciplinary provisions of the Uniform Licensing Law.

Before new regulation amending current regulation HHS notify each credentialed health professional; no disciplinary action, hearing, dismissal of action, nor dispose of matter by agreement unless unanimous agreement by professional board; must give 30-day notice, rather than current 10-day notice for hearing; hearing must be before the Director of the Department, not a hearing officer; any sanction by the professional board must be based on precedent and consistent with similar cases (recommendation must be reasonable, fair and appropriate); change current law so that AG take action requested by board and not HHS. 

Support

 

In Committee

 

LB 196

Schimek

(Government)

02/14/07

 

Permit the Adjutant General to designate certain vehicles as military emergency vehicles.

Watch

In Committee

LB 244

Flood

(Health)

01/24/07

Change provisions relating to transportation of patients in ambulances.

Authorizes transportation of patients in an ambulance by first responders.

Support with Amendment

 

In Committee

 

LB 253

Rogert, Aguilar, Erdman, Langemeier, Mines, Nantkes, White, Hudkins

(Transportation)

02/20/07

Adopt the Motorcycle Safety and Training Act and change motorcycle helmet provisions.

Watch

In Committee

LB 254

Aguilar, Johnson, McDonald, Nantkes, Stuthman

(Judiciary)

02/23/07

 

 

Change child passenger restraint system and occupant protection system provisions.

Increases from six years to eight years of age for child required to use child seat.  For violation of failing to use child seat, evidence of attending fitting station, checkup event or inspection conducted by a person holding a current certification and presents evidence of attendance of inspection to the city attorney or county attorney prior to the court appearance may have the item dismissed by the prosecuting authority without cost to the violator.

 

Watch

 

In Committee

 

LB 264

Hudkins

(Revenue)

01/19/07

Adopt the Volunteer Emergency Responders Incentive Act and provide for an income tax credit.

Provides for a $500 refundable income tax credit to “active” volunteer fire, rescue and emergency responders as defined in the Act.  In order to gain the $500 tax credit, a person is required to obtain 50 out of 100 possible points for engaging in activities as a volunteer as defined in the Act.  Certification of points earned forwarded to political subdivision, with political subdivision forwarding to the Department of Revenue. 

Support

 

IPP

 

LB 274

McDonald, Dubas, Hansen, Pedersen, Wallman

(Judiciary)

02/07/07

Require a warning label on liquefied petroleum gas tanks and provide a limitation on liability.

If liquefied petroleum gas system is turned off, a required leak check would have to be performed by a qualified service technician.  Warning label required to be affixed near the tank shut off.  If there is a warning and the tank is turned back on, the liquefied petroleum gas provider is absolved from liability for failure to have a leak check performed. 

Watch

 

In Committee

 

LB 278

Stuthman

(Revenue)

02/15/07