Nebraska Legislative Update - Feb. 16, 2024

Policy

We are at the midpoint of the busy 2024 legislative session. Mornings have been dedicated to full floor debate with hearings scheduled in the afternoons. Contention from last year’s session has thus far been avoided and steady progress has been made to advance and pass legislation introduced both last year and this year.

Thursday was the last day for senators and committees to name their priority bills. Senators can designate one priority bill, and committees can declare two. Additionally, Speaker John Arch can designate 25 priority bills, which will be done by Tuesday, Feb. 20. Priority bills are generally given precedence over all other bills at each stage of debate, except for appropriations and budget bills.

One theme that has emerged from this year’s session is a concentrated effort to address the need for quality and reliable child care, a critical need, especially in rural Nebraska. The Center has submitted letters of support for legislation that would strengthen businesses and the workforce in the child care sector.

Another exciting development occurred on Monday when Gov. Jim Pillen announced the reversal of his previous decision and said that Nebraska will now participate in the federal Summer Electronic Benefit Transfer (S-EBT) program, which provides food access assistance for qualifying families of school-aged children during summer months. This is excellent news for families with children who receive free or reduced lunches during the school year. The state’s participation ensures children’s access to food does not end when school is out, putting them in a better position to learn and grow.

We value your input as we engage with the legislative process. If you would like to share your support, concerns, insights, or opposition by providing testimony in person, via letter, or by visiting with your senator, please do not hesitate to contact me at carliej@cfra.org or 402.687.2100 ext. 1032.

Below are the bills we are following, with recent updates in bold. 
 

Economic development

Legislative Bill (LB) 865 (Bostelman) - Support: Last year, the Legislature established the Nebraska Broadband Office via LB 683. As part of the Nebraska Department of Transportation, the office is dedicated to bringing fast, reliable internet connectivity to homes and businesses throughout the state. LB 865 would seek to create accountability by requesting that internet providers submit an annual report to the Broadband Office detailing their advertised service plans and rates.

A hearing was held on Jan. 22 before the Transportation and Telecommunications Committee.

LB 889 and LB 1039 (Vargas) – Support: These bills would appropriate funds for the Rural Workforce Housing Fund, which the governor vetoed last year. Since its establishment in 2018, the fund has allowed more than 45 rural Nebraska communities to add hundreds of housing units for new and existing residents. Making sure our state has available and affordable housing is an essential investment for retaining and attracting residents in rural areas.

A hearing was held for both bills on Feb. 14 before the Appropriations Committee. The Center submitted letters of support.


LB 993 (Ibach) – Support: This legislation would create the Apprenticeship Grant Act and provide an avenue for participants in the Supplemental Nutrition Assistance Program (SNAP) Next Step Program to receive training and education in skilled industries. The act would incentivize businesses that partner with registered apprenticeship programs and offer a full-time job with a livable wage to an apprentice upon program completion. Businesses can receive grants for up to 100 apprentices each year, with funds used for wages and tuition.

A hearing was held on Jan. 22 before the Business and Labor Committee. On Feb. 13, the bill advanced to general file.

LB 1389 (Bostar) – Support: This bill would provide a personal property tax exemption for broadband equipment installed in areas receiving funds from the federal Broadband Equity, Access, and Deployment (BEAD) Program. BEAD funds have been important for developing more widespread access to a reliable internet connection in rural areas throughout the state. This bill would assist with installing the infrastructure needed to continue bringing high speed internet in homes and businesses in Nebraska.

A hearing is scheduled for Feb. 23 before the Revenue Committee.

Food and agriculture

LB 952 (Day) - Support: This legislation would require the state’s Department of Health and Human Services to implement the federal Summer Electronic Benefits Transfer Program (EBT). Modeled after the Pandemic EBT program, which ended in March 2023, the Summer EBT program would provide additional food assistance to families with children who receive free or reduced school lunches while school is not in session. Families would receive a pre-loaded card with $120 per child to help buy food throughout the summer. An estimated 150,000 children throughout the state would be eligible. This bill was prioritized by Sen. Raymond Aguilar.

A hearing was held on Feb. 1 before the Health and Human Services Committee.

Read: Center pleased to learn Nebraska will provide Summer-EBT for children

LB 1301 (DeKay) – Monitor: The Center is monitoring this bill, which was introduced at the request of Gov. Pillen. The Center has long held that our communities are strongest when the people who work our farms, ranches, and small businesses have a chance to share in their ownership. When outside investment in farmland grows, fewer people who work the land have that opportunity. Foreign ownership, especially by foreign-held multinational corporations, is one of the many threats to local ownership of Nebraska's agriculture assets. This bill was prioritized by Sen. Barry DeKay.

A hearing was held on Feb. 6 before the Agriculture Committee.

LB 1040 (Fredrickson) – Support: Last year, LB 524 created an income tax credit program for restaurants and grocery stores that donate food to food banks and pantries. LB 1040 would provide the funding for the tax credit. This bill will help individuals and families in need access food while incentivizing businesses to reduce waste.

Referred to the Revenue Committee.

LB 1062 (Ibach) - Support: LB 1062 would allow for tuition loan repayment of up to $30,000 per year, for three years, for veterinary school graduates who provide at least 50% of their services to livestock in rural areas of the state. Adequate veterinary care is vital to successful livestock production, which is the top industry in Nebraska. There has been a persistent shortage of veterinarians providing rural livestock services, and LB 1062 would be one mechanism to address this need.

A hearing was held on Jan. 24 before the Health and Human Services Committee.

LB 1116 (Ibach) - Support: This Center for Rural Affairs priority legislation would create a grant and loan program for small Nebraska-owned grocery and convenience stores in areas where access to fresh, healthy food is limited, with priority given to low- and moderate-income communities. Funds may be used for physical improvements to stores as well as professional services to expand or improve access to perishable or nutritious food. The economic need is greatest in rural communities, where local grocers provide an essential service to residents who would otherwise be forced to travel long distances to buy food. The Center provided testimony in person.

A hearing was held on Jan. 30 before the Agriculture Committee.

Read: Legislation introduced to provide financial support to small grocers
Read: Supporters encourage lawmakers to advance legislation assisting local grocery stores 

Education

LB 1386 (Hansen) – Oppose: This bill would give parents of children attending private schools the option to apply for an educational savings account with the state. The state would then provide each private school student $1,500 per year. The estimated $40 million per year from state funds can be used for qualified education expenses like tuition, fees, and textbooks. While parents have the right to choose to send their children to a private school, public dollars should fund public, not private, education. Additionally, the legislation would be disadvantageous for rural students, who make up only about 3% of private school students throughout the state.

A hearing was held on Jan. 30 before the Education Committee.

LB 1402 (Linehan) – Oppose: Last year, the Legislature passed LB 753, which created a tax credit program for donations to scholarship granting organizations, which in turn provide tuition scholarships for primary and secondary school students. In November, voters will decide if this program will remain. LB 1402 would subvert voters’ decision if passed this year. This legislation is fundamentally the same as LB 753, but instead of providing tax credits for donors, the funds would be appropriated directly from the Nebraska Department of Education to scholarship granting organizations. This bill was prioritized by Sen. Lou Ann Linehan.

A hearing was held on Feb. 6 before the Appropriations Committee.

Health and safety

LB 62 (Cavanaugh, M.) – Support: Introduced last year, LB 62 would provide Medicaid coverage for all necessary translation and interpretation services for eligible recipients using a medical assistance program. Medicaid providers and patients in rural clinics have struggled with giving and receiving care due to a lack of available translation services. These services include, but are not limited to, laboratory, clinic, physician, pregnancy-related, and mental health. The Center testified in support. This bill was prioritized by Sen. Michaela Cavanaugh.

The bill advanced to general file on Feb. 14.

LB 856 (Fredrickson) - Support: Safe, reliable child care is one of the highest priorities for families with young children, but the state is experiencing a shortage of workers. LB 856 would eliminate income limits on eligibility for the federal child care subsidy for parents who work at a licensed child care program for at least 20 hours per week. This bill was prioritized by Sen. John Fredrickson.

A hearing was held on Jan. 26 before the Health and Human Services Committee. On Feb. 15, the bill was placed on general file.

LB 874 (Bostar) – Support: This legislation would adjust the regulations child care providers face and help address workforce needs. Need for child care is greater during the school year, and LB 874 will allow providers to shift their license type at different points in the year to create more open spots. It will also standardize local regulations of where child care businesses can be located. Additionally, child care is an industry with a high turnover rate, and the background check needed for each hire can take weeks to complete. This legislation allows certification of background checks completed within six months to be accepted by a different employer, shortening the time frame from application to work.

A hearing was held on Feb. 15 before the Health and Human Services Committee. The Center submitted a comment of support.

LB 904 (DeBoer) – Support: This legislation would allow the Department of Health and Human Services to use federally approved, alternative methods of determining child care reimbursement rates. It also establishes a baseline rate at the 75th percentile of the market rate. Rural child care providers would benefit from this change, as the improved calculations will result in a higher reimbursement rate. This bill was prioritized by the Legislature’s Planning Committee.

A hearing was held on Feb. 14 before the Health and Human Services Committee. The Center submitted a comment of support.

LB 932 (Fredrickson) – Support: Throughout the state, there is a shortage of psychologists and therapists available to treat patients seeking mental health care. But the current system to approve recent graduates to obtain a provisional license to begin practicing is backlogged, and many providers who are qualified to begin seeing patients have to wait for approval from the Department of Health and Human Services. LB 932 would help address the need by expediting the provisional licensing process. It would also enable the provisional license number to transfer once the required practice hours are met to obtain a full medical license.

A hearing is scheduled for Feb. 7 before the Health and Human Services Committee. The Center submitted a comment of support. On Feb. 15, the bill advanced to general file.

LB 1015 (Walz) - Support: This legislation provides tuition loan repayment of up to $60,000 per year to dentists who have been practicing for less than five years, provide care to Medicaid patients, and practice in rural areas with dental care shortages. There are more than 340,000 people enrolled in Medicaid in Nebraska, with only 378 dental providers throughout the state. Most of these providers are concentrated in urban areas, and rural Medicaid patients face months on a waitlist and long drives to receive dental care.

A hearing was held on Jan. 24 before the Health and Human Services Committee.

LB 1035 (Hughes) - Support: This legislation would create a program for pharmacies to donate non-expired and safe medications to be made available to patients who have difficulty affording their prescriptions. Currently, prescriptions are destroyed when excess stock is no longer needed. LB 1035 has widespread bipartisan support, with 42 of the state’s 49 state senators co-sponsoring the legislation. This bill was prioritized by Sen. Jana Hughes.

A hearing was held on Jan. 31 before the Health and Human Services Committee.  On Feb. 14, the bill was advanced to enrollment and review initial.

LB 1087 (Jacobson) - Support: Due to inflation and low Medicare and Medicaid reimbursement rates, some rural hospitals have eliminated or reduced essential services to remain open. LB 1087 would leverage federal funds to increase reimbursement rates, which could bring an additional $950 million to the state’s hospitals. The funds would help hospitals maintain quality care and keep costs down for patients with private insurance. This bill was prioritized by Sen. Christy Armendariz.

A hearing was held on Feb. 2 before the Health and Human Services Committee. On Feb. 15 the bill advanced to enrollment and review initial.

Energy and environment

LB 541 (Lowe) – Oppose: This legislation would change the election of board members for OPPD and NPPD from nonpartisan to partisan. Decisions regarding power generation are complex, technological issues, not partisan issues, and therefore candidates for these positions should be considered based on their expertise, not their political affiliation. Additionally, this bill opens the door to extending partisanship to other state and local elections. This bill was prioritized by Sen. John Lowe.

A hearing was held on March 15, 2023 before the Government, Military and Veterans Affairs Committee. It advanced to select file on Jan. 31.

LB 956 (Bostar) – Support: This legislation would require the installation of aircraft detection lighting on wind turbines. It would lower light pollution by using light-mitigating technology to turn on only when aircraft are detected in the area.

A hearing was held on Feb. 7 before the Natural Resources Committee. The Center submitted a comment of support.

LB 1234 (Wayne) – Support: This bill would direct $1 million to the Nebraska Department of Energy to provide financial assistance for weatherization to low-income households. This includes repairing or replacing insulation, windows and doors, and/or heating systems. Weatherization efforts reduce energy usage and therefore utility bills.

A hearing was held on Feb. 2 before the Appropriations Committee. The Center submitted a comment of support.

LB 1369 (Cavanaugh, J.) – Support: This bill would allow for energy produced by agriculture operations to connect to local distribution facilities.

A hearing was held on Feb. 8 before the Natural Resources Committee. The Center submitted a comment of support.

LB 1375 (Lowe) – Oppose: This bill, brought at request of the governor, would eliminate the requirement that county planning commissions hold public hearings before submitting final decisions on permit application. It also places limitations on the kind of information a planning commission can use when granting conditional use permits. Additionally, if the board has not made a decision after 90 days of a project submission, completed applications would automatically be approved.  While these changes could expedite projects, it greatly limits a thorough, transparent, and accountable review process.

A hearing was held on Feb. 7 before the Government, Military and Veterans Affairs Committee. The Center submitted a comment of opposition.

LB 1370 (Bostelman) – Oppose: This bill requires any nuclear or fossil fuel energy plant to be replaced with a similar facility of equal or greater size. This bill does not take into consideration numerous factors that affect a utility’s resource planning and has the potential to result in higher energy bills for customers.

A hearing was held on Feb. 1 before the Natural Resources Committee. The Center submitted a comment of opposition.