Legislative Bill Summary - 2008   pg. 2


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 826
Christensen
Judiciary
Hearing
1/25/2008
CHANGE THE CONCEALED HANDGUN PERMIT ACT

Would allow a member of the armed forces to be considered a resident of Nebraska for purposes of obtaining a concealed carry permit after having been stationed in Nebraska for 180 days pursuant to military orders.

Watch General File
LB 829
Fischer

Transportation
Hearing
1/22/2008
RATES FOR TELE HEALTH TELECOMMUNICATIONS SERVICES

Would authorize the Public Service Commission to determine whether rates for supported services provided for telehealth are fair and  reasonable. Notice and hearing required prior to action by Commission.  The same provisions would be added to sections of law concerning 911 services and enhanced wireless 911 services.

Watch In Committee
LB 830
Lathrop
Health & Human Services
Hearing
1/30/2008
PRESCRIPTION DRUG COSTS SAVINGS ACT

Would authorize the Department to negotiate discount prices or rebates for prescription drugs from manufacturers and labelers to provide more affordable prescription drugs for qualified state residents. (income based)  Would direct the Department to establish a preferred drug list for the program. Would require participating pharmacies to (1) disclose to participants in the program the amount of savings provided as a result of the price discounts provided by the program and (2) verify to the Department the amounts charged to program participants and nonparticipants and provide the Department with utilization data necessary to calculate rebates from manufacturers and labelers. Would require the Department to pay a pharmacy either in advance for program discounts or on a weekly basis and would authorize the Department to require a pharmacy to separate its inventory of prescription drugs under the program from the rest of the pharmacy's drug inventory and to maintain records of acquisition and disposition of prescription drugs under  the program separately from its other records. Would require the department to seek a Medicaid waver to establish a pharmacy discount program modeled after the Healthy Main Prescription Program.

SENATOR DUBAS - PRIORITY BILL

Watch In Committee
LB 836
Howard
Health & Human Services
Hearing
2/6/2008
PROHIBITS SMOKING IN A VEHICLE WHEN MINORS ARE PRESENT

Would prohibit any person in a motor vehicle from smoking if a person under 16 years of age is in the vehicle.

Watch IPP
LB 837
Karpisek
Transportation
Hearing
1/29/2008
CHANGE PROVISIONS RELATING TO RAILROAD CROSSINGS

Would repeal the statute requiring public railroad crossing to be closed if within one-quarter mile from a public railroad crossing with gates, signal, alarm bells, or warning personnel. A crossing would be exempt if a written  request from a professional engineer is received.

SPEAKER - PRIORITY BILL

Watch General File
LB 839
Pedersen
Judiciary
Hearing
2/1/2008
CHANGE PROVISIONS RELATING TO FIREWORKS

Restricted types of permissible fireworks identified in statute would be deleted and in its place would be fireworks listed as permissible by the State Fire Marshall. Fireworks for sale in Nebraska may be permitted by  the State Fire Marshall if fireworks tested and approved by a nationally  recognized testing facility or tested and approved by the state fire Marshall. Under current law, testing and approval must be made by the Fire Marshall.

Support IPP
LB 858
Engel
Gov't-Military & Veterans
Affairs
Hearing
2/7/2008
CHANGE APPLICABILITY PROVISIONS REGARDING RECALL PETITIONS

Section of statute dealing with recall elections would be amended to exclude from 32-1302 officials elected at annual meeting of a political subdivision, including rural and suburban fire protection districts, irrigation  districts, cemetery districts, and county agricultural societies.

Watch General File
LB 866
McDonald
Health & Human Services
Hearing
1/30/2008
CHRONIC DISEASE DRUG REPOSITORY PROGRAM ACT

Would create the Chronic Disease Repository Program Act for the purpose of accepting donated chronic disease drugs and dispensing such drugs to Nebraska residents (a prescription drug used to treat (a) a chronic disease or its side effects; or (b) the side effects of a prescription drug used to treat a chronic disease or its side effects). For purposes of this Act, chronic disease means a disease that is long-lasting or recurrent, including, but not limited to alzheimers, arthritis, cardiovascular disease, stroke, all cancers, chronic obstructive pulmonary disease, lower respiratory disease, diabetes, mellitus, psoriasis, Hepatitis C, and kidney disease. Would only allow acceptance or dispensing of a chronic disease drug under the Act, if such drug is in its original, unopened, sealed and tamper-evident packaging and would allow acceptance and dispensing of a chronic disease drug packaged in a single unit dose if the outside packaging is opened but the single-unit-dose packaging is unopened. Would further allow injectable chronic disease drugs to be accepted if they do not have temperature requirements other than controlled room temperature. Would exclude chronic disease drugs from being accepted or dispensed under the program if (a) the drug bears an expiration date prior to the date of donation; (b) the drug is adulterated or misbranded as described in § 71-2401 or § 71-2402; or (c) the drug is expired while in the repository. Provides immunity from civil or criminal liability or professional disciplinary action of any kind to participants exercising reasonable care in donating, accepting, distributing or dispensing chronic disease drugs for any injury, death, or loss to person or property relating to such activities. Would establish a participant registry to include the participant's name, address, and telephone number and must identify whether the participant is a physician's office, a pharmacy, a hospital, or a health clinic.

Watch In Committee
LB 901
Johnson
Judiciary
Hearing
1/31/2008
PROVIDE IMMUNITY FOR EMERGENCY MANAGEMENT WORKERS AS PRESCRIBED

Provides immunity from civil damages for any emergency management  worker as defined in the Act. Emergency management worker defined as a person not compensated for performance of emergency medical services  or emergency management functions. Specified in 81-829.39(4) or a  registered member of a Community Emergency Response Team or of a
Medical Reserve Corps organized under the U.S. Department of Homeland Security.

Support In Committee
LB 927
Johnson
Gov't-Military & Veterans
Affairs
Hearing
2/14/2008
CHANGE FACTORS FAVORING THE CHANGE OF COUNTY BOUNDARIES

Adds factors to be considered by governing bodies in creation of a municipal county to include shared communities of interest; cultural and  historical ties; economic activates; combined population total of at least 10,000 residents; and combined geographical area of less than 5,000  square miles.

Watch In Committee
LB 928
Johnson
Health & Human Services
Hearing
2/6/2008
HEPATITIS C EDUCATION AND PREVENTION ACT

Would repeal the Hepatitis C Education and Prevention Act.

HEALTH & HUMAN SERVICES COMMITTEE - PRIORITY BILL

Watch In Committee
LB 948
Karpisek
Business & Labor
Hearing
2/11/2008
VOLUNTEER EMERGENCY RESPONDERS JOB PROTECTION ACT

Prohibits employer from terminating or taking other disciplinary action against employee who is a volunteer emergency responder when a volunteer is absent from or reports late to his or her place of employment  in order to respond to an emergency during or prior to time, employee is to report to employment. Employer is permitted to subtract wages for any time missed by the volunteer emergency responder while away from employment. Employee required to make reasonable effort to notify employer of absence or reporting late in order to respond to emergency. Upon request by employer, employee must provide written statement  signed by chief stating: 1) that the employee responded to emergency;  2) the date and time of the emergency; and 3) the date and time employee completed volunteer emergency activities. Prior to seeking protection under the Act, the employee must provide a written statement signed by chief notifying employer that employee serves as volunteer.  Employee must also advise employer upon change of status. Cause of action accrues to employee for employer's violation of the Act.

Support In Committee
LB 951
Kopplin
Health & Human Services
Hearing
2/28/2008
PROVIDE FOR UMBILICAL CORD BLOOD BANKING

Would require the Department of Health and Human Services to provide information regarding umbilical cord blood banking to pregnant women.

Watch In Committee
LB 959
Flood
Appropriations
Hearing
2/4/2008
PROVIDE FOR DEFICIT APPROPRIATIONS Watch In Committee
LB 962
Preister
Gov't-Military & Veterans
Affairs
Hearing
2/13/2008
CHANGE PUBLIC BODY MEETING PROVISIONS OF THE OPEN MEETINGS ACT

Open Meeting Act would be amended so that public body can not require name of person to be placed on the agenda in order to speak about items on the agenda.

SPEAKER - PRIORITY BILL

Support Select File
LB 1007
Dierks
Revenue
Hearing
2/22/2008
CHANGE BUDGET AND TAX LEVY LIMITS

Property tax levies for capital improvements defined in Section 13-518 not included in levy limits. Section 13-518 would also be amended so that capital improvement includes furnishing or equipping any improvements with a useful life of more than five years and would also include acquisition or replacement of tangible personal property with useful life of five or more years.

Support In Committee
LB 1024
Karpisek
Judiciary
Hearing
1/31/2008
PROVIDE FOR LISTINGS MAINTAINED BY THE SECRETARY OF STATE TO FACILITATE FILINGS AND SERVICE OF PROCESS UNDER THE POLITICAL SUBDIVISIONS TORT CLAIMS ACT

Secretary of State required to keep list of name and address of clerk, secretary and other officials who have the responsibilities for receiving filings required by Section 13-905 the Political Subdivisions Tort Claims Act and those authorized to receive service of process. It is the duty of the governing bodies to notify the Secretary of State for change in the  name or address of clerk, secretary or other official.

Watch In Committee
LB 1064
Kopplin
Transportation
Hearing
2/25/2008
PROVIDE FOR LEGION OF MERIT LICENSE PLATES

Authorizes a license plate to be issued to a person receiving the Legion of Merit from the federal government.

Watch In Committee
LB 1069
Dubas
Transportation
Hearing
2/26/2008
CHANGE PROVISIONS GOVERNING RAILROAD COMPANIES BLOCKING CERTAIN RAILROAD CROSSINGS

Would amend 17-225 to state that if any railroad company obstructs a  public highway, street or alley with railroad cars, or engines for more than 10 minutes the corporation or firm would be guilty of a Class I misdemeanor and shall be fined $1,000 for each offense. Deleted are any references to persons or individuals violating the section, placing sole criminal responsibility on the company.

Neutral IPP
LB 1082
Cornett
Business & Labor
Hearing
2/11/2008
WORKERS' COMPENSATION/MENTAL CLAIMS

Would redefine "injury and personal injuries" to exclude the "violence to the physical structure of the body" requirement with respect to first  responders and persons who in the scope and course of their employment are victims of or witnesses to a violent criminal act by allowing recovery  for injuries by such first responders and other persons for mental conditions or illness, accompanied or unaccompanied by physical injury.  Would require the employee under such circumstances to establish by a
preponderance of the evidence that the employee's employment conditions, accident or accidents, events or series of events, or injury or injuries causing the mental condition or illness were unexpected, unforeseen, extraordinary, or unusual in comparison to the normal conditions of, or incident to, a particular employment, accident, occupational disease, or injury or injuries. Would expressly exclude mental conditions or illness resulting from any event or series of events which are incidental to normal employer and employee relations, including personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, salary reviews, or termination.

BUSINESS AND LABOR COMMITTEE- PRIORITY BILL

Support In Committee
LB 1092
Harms
Transportation
Hearing
2/12/2008
REQUIRE SEAT BELTS ON SCHOOL BUSES

Would require a school bus to have a lap belt, a shoulder belt or a combination of belts conforming to standards that are appropriate for the type and size of school bus. The changes in restraint systems for school busses would be required for buses manufactured after the effective date of the act.

SENATOR HARMS - PRIORITY BILL

Support General File
LB 1096
Friend
Urban Affairs
Hearing
2/5/2008
PROVIDE FOR THE HIRING OF A FIRE CHIEF IN A CITY OF THE FIRST CLASS

Due to findings stated in the bill of matters relating to emergency medical first response and fire protection that are declared to be a state concern, the Legislature declares the necessity of establishing a system and process for certain cities of the first class to be required to review, study and modify on a continuing basis their emergency response systems with  public input, based upon local conditions and circumstances. Section 2 of  the bill states that not later than January 5, 2009, each first class city with a population in excess of 20,000 inhabitants shall employ a full-time  fire chief. The fire chief shall be appointed by the mayor with approval from the city council. In addition to duties assigned to the fire chief by the city, the chief required to keep records showing the number of volunteers and active volunteer service including their ages, the amount  of training received during the course of his or her time of service as an active volunteer, the number of new volunteers recruited during the year, the number of volunteers who ceased to be active volunteers during that  year, the basic information regarding each volunteer specified in 35-1309.01 (this is the section of law that lists the standard criteria to qualify as an active member of a department pursuant to Volunteer Emergency Responders Recruitment and Retention Act), the number and
nature of calls or requests for emergency services, the response time for each call (to be calculated from the time of receipt of the call to the time of arrival of the first emergency response vehicle at the site), the number of volunteers responding to each call, and the time each call was received. The City Council may specify additional information to be collected by the chief. The information collected on or before November 1, 2009 and each November 1 thereafter, the chief is required to provide a report to the City Council regarding the volunteer department and the chief is to make recommendations deemed appropriate regarding the necessity of hiring more full-time first responders. Within 30 days of the receipt of the report, the Council shall hold a public hearing on the report. The bill would also amend section 35-901, (a law authorizing volunteer  department trust account) so that if total expenditures and receipts in the trust fund exceed $50,000 in any twelve-month period, the volunteer  department must inform the city, village, county, township, or fire protection district receiving service from the department and the political subdivision may examine or cause to be examined all books, accounts, vouchers, records and expenditures with regard to the trust fund. As amended during general file, the portion of the bill discussing paid fire chief would only apply to a first class city with population in excess of 37,500; specifies that the record keeping and information reporting would apply only to a first class city with population in excess of 37,500; would  require funds solicited, collected and received for emergency services to  be deposited with the governing authority and would prohibit inclusion in a volunteer department's trust fund; and would require the volunteer department to inform the political subdivision if the total of expenditures  and receipts exceed $100,000.

URBAN AFFIARS COMMITTEE - PRIORITY BILL

Oppose Select File
LB 1098
Hudkins
Revenue
Hearing
2/22/2008
CHANGE TAX LEVY PROVISIONS FOR RURAL AND SUBURBAN FIRE PROTECTION DISTRICTS

Restores levy authority to fire protection districts not to exceed ten and one half cents on each $100 upon the taxable value of properties subject to the levy. Also provides that fire protection districts, in lieu of election procedures to exceed the levy, may hold a town hall meeting for purposes of voting to exceed the levy.

Support In Committee
LB 1166
Nelson
Urban Affairs
Hearing
2/19/2008
EXTEND CORPORATE LIMITS ACROSS COUNTY LINES

Would permit the corporate limits of a metropolitan class city to extend  into an adjoining county.

Oppose In Committee

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