2ND SESSION OF THE 107TH LEGISLATURE 

Daylight Savings Time, potential snow and sunshiny days. It’s that time of the year where you get a sense that things are changing. Spring is upon us after a mild Nebraska winter. I have always loved the change of seasons in Nebraska. As our family prepares for calving season, I look out over a pasture to see our cows, anticipating the coming of a new calf, and new life. 

DMV and State Patrol Bill

I was pleased to introduce LB720 on behalf of the Nebraska State Patrol and the Department of Motor Vehicles. LB720 adopts the most recent version of federal laws and regulations in effect as of January 1, 2022. Maintaining alignment between federal regulations, state statutes, and operational activities, ensures Nebraska remains compliant with federal requirements and is eligible to receive 100 percent of their allotment of federal highway funds. The bill passed to Select File with 35 votes.

Eliminate Concealed Handgun Permit

A bill that would eliminate Nebraska’s permit requirement to carry a concealed handgun was placed on general file March 8 after a pull motion. LB773, introduced by Gordon Senator Tom Brewer, would prohibit counties, cities and villages from regulating the ownership, possession and transportation of a concealed handgun. Under the bill, registration and training requirements for concealed handguns no longer would be required. Individuals who currently are prohibited from possessing or carrying a gun still would be prohibited from doing so under the bill. Carrying a concealed handgun while under the influence of alcohol also would remain illegal. Concealed handguns would remain prohibited in schools, certain government premises and private businesses that have such rules in place. The bill advanced to Select File.

Bills on Final Reading

Unemployment Benefits– LB 567 was introduced by the Chair of the Business and Labor Committee at the request of the Department of Labor. This bill will require the Department of Labor to only look at an applicant’s most recent separation from employment when determining maximum unemployment benefits and reductions. LB567 would make permanent the relevant provisions of Executive Order 20-26, which streamlined the application process in response to the COVID-19 pandemic.

Diabetes– LB 698 was introduced by Senator Kolterman. The purpose of Legislative Bill 698 is to direct Nebraska Medicaid to cover diabetes patient access to continuous glucose monitors (CGMs). Continuous Glucose Monitors allow individuals with diabetes to track their glucose levels at regular intervals and help patients with diabetes more accurately dose insulin. Patients with better management of their diabetes have better outcomes, a higher quality of life, and cost significantly less to the state. In Nebraska, some Medicaid plans already cover CGMs for their patients in order to save long term costs of hospitalizations. However, not all plans provide this coverage. LB 698 would provide equitable access to these devices for all Medicaid patients with diabetes.

Pharmacy Benefit Manager– LB767, introduced by Senator Kolterman, would enact 12 new sections to be known as the Pharmacy Benefit Manager Licensure and Regulation Act. The bill would establish standards and criteria for the licensure and regulation by the Director of Insurance of pharmacy benefit managers providing a claims processing service or other prescription drug or device service for a health benefit plan. The bill is based on the State Pharmacy Benefit Manager Licensure and Regulation Model Act of the National Association of Insurance Commissioners.

County Surveyors– LB 791, introduced by Senator Lowe. The qualifications and role of the county surveyor are set in part based on the population of the county that they serve. The county surveyor serves in multiple roles in most Nebraska counties, including that of surveyor, county engineer, and county highway superintendent. The largest counties break out these same responsibilities across several county offices. County surveyors in the largest counties must also possess more specific qualifications relating to their position. This bill would increase the population threshold at which the first tranche of qualifications requirements is applied from 60,000 to 100,000.

South Platte River Canal Project 

Lawmakers gave first-round approval March 9 to a proposal to build a canal that would divert South Platte River water from Colorado to Nebraska under a 1923 interstate compact. The compact entitles Nebraska to 120 cubic feet of water per second during the summer. Nebraska also has a right to 500 cubic feet of water per second during the non-irrigation season but only if it builds a canal to divert it from the river in Colorado to a reservoir system in Nebraska. Lincoln Senator Mike Hilgers, who introduced LB1015 on behalf of Governor Pete Ricketts, said Nebraska has received those winter flows for the past century, but Colorado now is seeking to capture as much of that water as possible to support rapid population growth along the Front Range. The bill would authorize the state Department of Natural Resources to develop, construct, manage and operate the canal and its associated storage facilities, called the Perkins County Canal Project, under the terms of the compact. It also would authorize the department to use eminent domain to acquire land and resolve any legal disputes that arise as a result of the project. I gave the bill my green light because I believe that Nebraska could make up for reduced Platte River flows only by releasing water from Lake McConaughy, which would affect irrigation, hydropower generation and municipal water supplies. If we don’t assert our rights, less water will cross the state line in the future. 

Lake Development and Water Recreation

LB1023, introduced by Speaker Hilgers, creates the Lake Development and Water Recreation Enhancement Act based upon recommendations by the S.T.A.R.W.A.R.S. Task force created by LB406 in the 2021 session of the Legislature. The Act directs the Dept. of Natural Resources and the Game and Parks commission to oversee construction and management for certain projects such as (1) A reservoir in between Lincoln and Omaha near Sarpy County, (2)projects at Lake McConaughy, (3) projects in Niobrara State Recreation Area and Lewis and Clark Lake. On behalf of the state, the Department of Natural Resources (DNR) and Game and Parks Commission will each manage the construction and development of certain aspects of the projects in a way that encourages public-private partnerships, donations and investments. Coming from the farming industry, I look for wants and needs and the greater good for the state of Nebraska. I may see our water resources very differently than someone from the city. I believe water is a commodity. It is highly essential to the backbone of survival in the agricultural community. Without sufficient water our livestock and production suffer significantly. This bill would take some farm families who have lived on their land for generations, completely out of production for the purpose of recreation. That does not make sense to me. I also have real caution about the projected cost in years to come. All that being said, I gave LB1023 a red, no vote. 

I always appreciate each of you who intentionally stays informed and engaged in the Legislative process. You can contact me at my Lincoln office by phone (402) 471-2716 or email jalbrecht@leg.ne.gov. I will enjoy hearing from you. Have a great week!