Legislative Bill Summary - 2008   pg. 1


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

 

 

NSVFA 2008 Legislative Goals

  1. LB 584 – Reduced Cigarette Ignition Propensity Act

  2. LB 757 – Adopt the Volunteer Emergency Responders Incentive Act and Provide for an Income Tax Credit

  3. LB 948 – Volunteer Emergency Responders Job Protection Act

  4. LB 1098 – Restore fire districts levy authority

BILL NO.

INTRODUCER

(COMMITTEE) HEARING

DATE

SYNOPSIS/BACKGROUND

POSITION

STATUS

LB 6
Pahls
Judiciary
Hearing
1/17/2007

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

IPP

LB 93
Cornett
Transportation
Hearing
2/13/2007

PERSONALIZED FIREFIGHTER PLATES AND TRAINING
FOR CERTAIN EMERGENCY PERSONNEL

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

In Committee

LB 157
Stuthman
Judiciary
Hearing
1/17/2007

PROVIDE FOR LEAVING AN INFANT WITH A FIREFIGHTER OR HOSPITAL STAFF MEMBER

As finalized, all references to firefighters have been eliminated. As passed, the bill states that no person shall be prosecuted for any crime based upon the act of leaving a child in the custody of an employee on duty at a hospital licensed in Nebraska.

Neutral

Passed & Signed

LB 194
Pahls
Health & Human Services
Hearing
1/31/2007

UNIFORM LICENSING LAW

Would prohibit the Department from adopting and promulgating or otherwise amending or repealing any rule or regulation under § 71-101 - 71-172.02 without giving notice to each credentialed person subject to such sections of any hearing required by the Administrative Procedures Act relating to such rule or regulation at least 30 days prior to such hearing. Would also require unanimous vote of the appropriate professional board to temporarily suspend or limit the license of any licensee without a hearing due to concerns regarding imminent danger to the public health and safety.

Support

In Committee

LB 196
Schimek
Gov't-Military & Veterans
Affairs
Hearing
2/14/2007

PERMIT THE ADJUTANT GENERAL TO DESIGNATE CERTAIN VEHICLES AS MILITARY EMERGENCY VEHICLES

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

Watch

Passed &
Signed

LB 244
Flood
Health & Human Services
Hearing
1/24/2007

EMERGENCY MEDICAL SERVICES

Would allow certified emergency medical services personnel as classified under § 71-5178 to accompany an ambulance transporting a patient.

Support & Seek Amendments

In Committee

LB 253
Rogert
Transportation
Hearing
2/20/2007

ADOPT THE MOTORCYCLE SAFETY AND TRAINING ACT AND CHANGE MOTORCYCLE HELMET PROVISIONS

Adopt the Motorcycle Safety and Training Act and change motorcycle helmet provisions.  SENATOR ROGERT - PRIORITY BILL

Watch

General File

LB 254
Aguilar
Judiciary
Hearing
2/23/2007

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 293
Pedersen
Judiciary
Hearing
3/7/2007

REDEFINE PUBLIC SAFETY OFFICIAL WITH RESPECT TO INFECTIOUS DISEASE EXPOSURE

Expands the definition of who is considered a public safety official for purposes of infectious disease exposure to include employee of  Department of Correctional Services, or employee of the city or county correctional facility, jail, or juvenile detention facility.

Watch

In Committee

LB 361
Raikes
Gov't-Military & Veterans
Affairs
Hearing
1/31/2007

PROHIBIT PUBLIC FUNDS' USE FOR DUES OR MEMBERSHIP FEES AS PRESCRIBED

Governing body would be prohibited from using public funds for paying dues or membership fees in an organization unless organization provides written contract that dues or fees paid from public funds will not be used for campaigning for a candidate or a ballot measure. A public official or  public employee who authorizes the funds to be used as prohibited is guilty of a Class III misdemeanor.

Watch

In Committee

LB 391
Mines
Gov't-Military & Veterans
Affairs
Hearing
2/1/2007

CHANGE PROVISIONS RELATING TO PUBLIC RECORDS AND MEETINGS

Clarifies that public body need not produce public record created within a certain time frame, without receiving a request for specific subject matter. Would also amend Open Meetings Act by stating that public has a right to attend and speak “on agenda items as allowed by the individual presiding over the meeting.” Would require a form for citizens to recommend for discussion as possible agenda items at future meetings. Within 10 days after receiving such a form, the secretary or designated person of the public body would send a written statement regarding the status of the request.

Com AM678

Watch

General File

LB 392
Mines
Gov't-Military & Veterans
Affairs
Hearing
2/21/2007

CHANGE PROVISIONS RELATING TO MUNICIPAL COUNTIES

Would authorize merger between one or more counties in a city of the metropolitan class (Omaha). Deleted from existing law is the provision that states in a municipality which is not consolidated into a municipal county shall not be considered to be part of the municipal county for any purpose. A municipality not consolidated into the municipal county may be annexed by the new municipal county in accordance with laws applicable to cities of the metropolitan class. If the non-consolidating municipality is not annexed, the non-annexed municipality shall retain its levy authority of 50 cents; all other powers enumerated for a municipality, except the ability to annex any territory. The language presently in Section 13-2809 concerning the continued existence of fire protection districts would remain in the law. The voting requirements would be changed to require a separate tabulation for: 1) all those voting on the question; 2) those voting who reside in each county and any municipality which would be
merged or consolidated into the proposed municipal county; and 3) those voting who reside in the proposed municipal county by outside any municipality. Specifically deleted is the fourth voting requirement of those who reside in each county but outside any municipality or any sanitary and improvement district. Also, the only requirements for creation of the merger or consolidation is a majority of each municipality proposed to be merged or consolidated into a municipal county or majority of those voting
who reside in areas of the county or counties to be consolidated which are outside the boundaries of the municipality. Specifically deleted from existing law is that the municipal county shall not be created if any one of  the five categories existing under the law did not obtain a majority of votes.

Oppose

In Committee

LB 395
Johnson
Health & Human Services
Hearing
2/1/2007

NEBRASKA CLEAN INDOOR AIR ACT

Would make it illegal to smoke in a workplace or any indoor public place within the State of Nebraska and require outside tobacco smoke to stay  at least 20 feet from entrances, windows and ventilation systems of  enclosed areas where smoking is prohibited. Would require the posting of  no-smoking signs clearly and conspicuously in every place of employment  and public place where smoking is prohibited at every entrance. Would   make any act or omission constituting a violation of the Nebraska Clean Indoor Air Act by an employee or agent of a proprietor to be the act or omission of the proprietor and subject the proprietor to punishment as if  the proprietor had committed the act or omission. As amended into final  form, the bill prohibits any person from smoking in a place of employment  or public place. Exempted from the prohibition from smoking are certain  designated rooms at hotels, smoking research facilities, and tobacco retail outlets. Penalties include a Class IV misdemeanor for persons who smoke
in violation of the Act and Class V misdemeanor for proprietors, who fail or neglect or refuse to comply with the Act.

Watch

Passed

LB 401
Schimek
Transportation
Hearing
2/12/2007

PROVIDE FOR NOTATIONS ON DRIVERS' LICENSES AND STATE IDENTIFICATION CARDS REQUIRING ADVANCE MEDICAL DIRECTIVES

Permits the notation on an identification card or driver’s license of the existence of an advance medical directive.

Watch

In Committee

LB 437
Cornett
Transportation
Hearing
2/13/2007

SPECIALTY LICENSE PLATES

Section 7 of the Act authorizes the creation of a firefighter support license plate, to be designed in consultation with the State Fire Marshal. Other plates are also discussed in the bill.

Support

In Committee

LB 448
Ashford
Judiciary
Hearing
2/7/2007

LIMITATION OF ACTION PROVISIONS UNDER THE POLITICAL SUBDIVISIONS TORT CLAIMS ACT

Expands time for bringing claim under Political Subdivisions Tort Claims Act from one year to two years.

Watch

IPP

LB 584
Preister
Health & Human Services
Hearing
2/1/2007

REDUCE CIGARETTE IGNITION PROPENSITY ACT

Requires that any cigarette sold in Nebraska must conform to Act mandating self-extinguishing cigarettes. Provides for record retention; standardized method of testing and performance standards; and civil penalties for selling cigarettes which do not conform to the requirements of the Act.

Support

In Committee

LB 622
Pirsch
Gov't-Military & Veterans
Affairs
Hearing
2/1/2007

REQUIRE TRAINING COURSES IN PUBLIC RECORDS AND THE OPEN MEETINGS ACT FOR ALL MEMBERS OF A PUBLIC BODY, PUBLIC OFFICERS, AND PUBLIC EMPLOYEES

Requires any member of public body to complete within one year training on Open Meetings Act within one year of taking office. Training course  would also be required for public officer or public

Support

General File

LB 667
Pedersen
Transportation
Hearing
3/5/2007

PERMIT MUNICIPALITIES TO ALLOW PEDESTRIANS TO SOLICIT CONTRIBUTIONS ON ROADWAYS

Authorizes municipality to enact ordinance for allowing pedestrians into  roadways for purposes of soliciting contributions devoted to charitable or  community betterment purposes.

Watch

General File

LB 676
Dubas
Transportation
Hearing
2/26/2007

PROHIBIT THE BLOCKING OF RAILROAD CROSSINGS FOR MORE THAN A SPECIFIED TIME AND TO PROVIDE PENALTIES

Train prohibited from blocking any highway, street or alley in any city of the first class, second class or village or unincorporated area for more than 10 minutes. Violation is subject to a fine of not less than $500 nor more than $5,000. Exemption allowed for proof that occupying or blocking the highway, street or alley was necessary because of instructions either oral or written from employer or officers or supervisory officials; a grain dealer licensed under the Grain Dealer Act; warehouse licensee under the Grain Warehouse Act. A person may have an affirmative defense to a violation if the public highway, street or alley was occupied or blocked due to an emergency condition, including serious rail accident, derailment or critical mechanical failure or track or bridge washout, storm, flood or other emergency.

Support

IPP

LB 730
Flood
Health & Human Services
Hearing
1/23/2008

EMERGENCY MEDICAL SERVICES PRACTICE ACT

Changes titles for EMS classifications; and strikes the U.S. Department of Transportation curricula for training requirements and permitted practices and procedures to requiring the Board of Emergency Medical Services to annually review and adopt an approved curricula for licensure classifications. The Board of Emergency Medical Services is also required to establish a competency test for licensure which is a hands-on test or  oral test. Operative date is December 1, 2008.

Oppose

In Committee

LB 757
Hudkins
Revenue
Hearing
1/31/2008

VOLUNTEER EMERGENCY RESPONDERS INCENTIVE ACT

Provides for a $500 refundable income tax credit to "active" volunteer fire, rescue and emergency responders as defined in the Act. To gain the $500 tax credit, person required to obtain 50 out of 100 possible points for engaging activities as a volunteer. Certification of points forwarded to political subdivision and then to Department of Revenue.

Support

IPP

LB 786
Howard
Transportation
Hearing
2/26/2008

REGULATE TRAFFIC APPROACHING OR PASSING A STOPPED AUTHORIZED EMERGENCY VEHICLE

Requires driver of vehicle on controlled-access highway approaching or passing a stopped authorized emergency vehicle or road assistance vehicle which makes use of proper audible or visual signals shall proceed with due care and caution, yield to the right of way by moving into at least one moving lane apart from the stopped authorized emergency vehicle or road assistance vehicle unless directed otherwise by authorized emergency personnel. If moving into other lane not possible, reduce speed, maintain safe speed and proceed with due care and caution. Violation is a traffic infraction for the first offense and class III A misdemeanor for second or subsequent offense. Department of Roads required to erect signs. Authorized emergency vehicles also includes vehicles operated by Department of Roads, Nebraska State Patrol motorists assistance vehicles and US Department of transportation registered towing or roadside assistance vehicles.

SPEAKER - PRIORITY BILL

Support General File
LB 787
Gay
Judiciary
Hearing
1/31/2008
CREATE DEGREES OF OFFENSES OF ASSAULT ON AN EMERGENCY SERVICES PROVIDER OR A HEALTH CARE PROVIDER

Creates criminal offenses of assaulting emergency services provider or a health care provider in the first degree punishable, as a Class II felony; in  the second degree, punishable as a Class III felony; and in the third degree is punishable as a Class III A felony. First degree assault is committed if person intentionally or knowingly causes serious bodily injury  and with knowledge that the person against whom the assault is committed is an emergency services provider. Person commits second degree if intentionally or knowingly causes bodily injury with a dangerous instrument to an emergency services provider with knowledge that the  person against whom the assault is committed is an emergency services
provider or recklessly causes bodily injury with a dangerous instrument to an emergency services provider while such emergency services provider is engaged in the performance of his or her official duties. Person commits third degree if the person intentionally, knowingly or recklessly causes bodily injury to an emergency services provider while the emergency services provider is engaged in the performance of his or her official duties, with knowledge that the person against whom the assault is committed is an emergency services provider. Emergency services provider means a volunteer or paid fire fighter or rescue squad member or licensed EMS provider.

Support In Committee
LB 797
Health & Human Services
Committee
Health & Human Services
Hearing
1/23/2008
OMNIBUS HEALTH & HUMAN SERVICES

Would establish administrative disqualification provisions for any providers of medical assistance and social services who obtain or attempt to obtain, or aid or abet any person to obtain or attempt to obtain medical assistance benefits to which they are not entitled. Would establish a period of disqualification of up to one year for a first violation; up to two  years for a second violation; and permanent disqualification for a third violation.

HEALTH & HUMAN SERVICES - PRIORITY BILL

Watch Select File
LB 812
Kruse
Transportation
Hearing
2/12/2008
PROVIDE FOR PRIMARY ENFORCEMENT OF OCCUPANT PROTECTION SYSTEM LAWS

Eliminates enforcement of seat belt violation as only a secondary
offense and becomes primary offense.

Support In Committee

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