NEBRASKA LEGISLATURE

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Joni Albrecht

Sen. Joni Albrecht

District 17

The content of these pages is developed and maintained by, and is the sole responsibility of, the individual senator's office and may not reflect the views of the Nebraska Legislature. Questions and comments about the content should be directed to the senator's office at jalbrecht@leg.ne.gov

Memorial Day will be celebrated on May 29, 2023 in towns and cities all across Nebraska. Memorial Day is an American holiday honoring the men and women who died while serving in the U.S. military. Originally known as Decoration Day, it originated following the Civil War and became an official federal holiday in 1971. Many Americans observe Memorial Day by visiting cemeteries, holding family gatherings, and participating in parades. Unofficially, it marks the beginning of the summer season. (“Memorial Day”. (2023, April 9). History.com. https://www.history.com/topics/holidays/memorial-day-history) I would like to take this opportunity to thank those who have served our country by serving in the military. We honor those who gave up their lives for the freedoms that we currently enjoy.

As we finished up this week, we are down to 9 days remaining in this 90 day session with much remaining to do. We did pass the budget which is our main duty as state senators.

Bill Updates

  • LB727–Change provisions relating to the sales and use tax exemption on purchases by the state and other public entities–This bill is one of the Revenue Committee’s priority bills. Under a Revenue Committee amendment, a nonprofit’s purchases would qualify for the exemption if the governmental unit’s expenditure toward the project is paid in whole or in part with redevelopment bonds. This amendment also added provisions of 20 other bills that Senator Linehan said are either noncontroversial “fixes” to existing tax-related measures or new proposals intended to grow Nebraska’s economy. The amendment included LB74 sponsored by Senator Linehan; LB96 sponsored by Senator Slama; LB100 sponsored by Senator Erdman; LB118 sponsored by Senator Brandt; LB165 sponsored by Senator von Gillern; LB180 sponsored by Senator Brandt; LB300 sponsored by Senator Linehan; LB344 sponsored by Senator Armendariz; LB384 sponsored by Senator Bostar; LB407 sponsored by Senator Linehan; LB447 sponsored by Senator Bostar; LB491 sponsored by Senator von Gillern; LB495 sponsored by Senator Briese; LB580 sponsored by Senator Holdcroft; LB584 sponsored by Senator Hughes; LB692 sponsored by Senator Linehan; LB697 sponsored by Senator Conrad; LB704 sponsored by Senator Murman; LB706 sponsored by Senator Moser; and LB732 sponsored by Senator Bostar. Senator Linehan then introduced an additional amendment that would allow cities to use turnback funds to repair or replace eligible convention center facilities. This amendment included provisions of five other bills. These bills were LB623 sponsored by Senator McDonnell; LB4 sponsored by Senator Sanders; LB529 sponsored by Senator Hansen; LB97 sponsored by Senator Clements; and LB577 sponsored by Senator John Cavanaugh. After adopting the amendments to LB727, the bill advanced to select file on a vote of 44-0. (“Revenue omnibus bill that includes retail tax break advances”. Unicameral Update. May 17, 2023. http://update.legislature.ne.gov/?p=34348)
  • LB574–Let Them Grow Act–This bill was on Final Reading that would ban “gender-altering” procedures for minors in Nebraska was modified and expanded to include a 12-week abortion ban after senators voted to return it to Select File on Tuesday, May 16th. Senators voted to return the bill to Select File to consider the 12-week ban on abortion in Nebraska. The amendment would retain the ban on gender-affirming surgeries for individuals under age 19, but regulations around the use of hormone therapy and puberty blockers for minors would be established by the state’s chief medical officer and the state Department of Health and Human Services. The amendment would also allow individuals who began receiving gender affirming care prior to the bill’s effect date to continue treatment. After several hours of discussion, Senator Kauth called for cloture which was adopted 33-14. This forced a vote on the amendment and LB574. Senators then voted 33-15 to adopt the Hansen amendment and advanced LB574 to final reading on a vote of 33-14. This bill was debated on Final Reading on Friday, May 18th. After two hours of debate, Senator Kauth called for cloture and the vote was 33-15 to cease debate. The bill was then passed on a vote of 33-15 and sent to Governor Pillen’s desk where he will sign it into law next week. (“Ban on gender-altering procedures expanded to include abortion restrictions, returned to final reading”. Unicameral Update. May 18, 2023. http://update.legislature.ne.gov/?p=34361)
  • We spent Wednesday and Thursday doing the Final Reading of the budget bills (LB813e, LB815e, LB816e, LB799e, LB814e, LB818e, and LB282e). They were passed and sent to Governor Pillen’s office for his signature.

On May 4th, Governor Pillen signed a proclamation stating May is Mental Health Awareness Month. The proclamation states “Nebraska stands with our community members who live with mental health challenges, especially children and their families. Mental Health Awareness Month provides an opportunity to increase public knowledge of the importance of mental health and to promote the identification and treatment of mental health challenges. We must strive to make sure that all individuals affected by mental health challenges know that they are not alone. There is HOPE and there is HELP. Citizens, public, and private institutions, government agencies, and communities across Nebraska support efforts increasing awareness and understanding of mental illness and substance use disorders, and the need for appropriate and accessible services for all people with mental health conditions.”

If you are struggling, I encourage you to find help. There are many resources available to help you. You can call 1-800-662-HELP to reach the Substance Abuse and Mental Health Services Administration. SAMHSA National Helpline is a free, confidential, 24/7, 365-day-a-year treatment referral and information service for individuals and families facing mental and/or substance use disorders. (https://www.samhsa.gov/find-help/national-helpline)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

It is so nice to hear that we have had rain this past week. Hopefully that didn’t delay planting but added some nice moisture to the soil. I received a tweet from the Nebraska DOT this past week with a reminder–“Drivers–be on the lookout for farm equipment this planting season! If you happen to come across a farm vehicle, slowing down and practicing patience is an easy and effective way of keeping both you and the farmer safe.”

On Monday, May 8th, Senator Ben Hansen added AM1658 cited as the Preborn Child Protection Act to LB574–Adopt the Let Them Grow Act. This amendment takes the language from LB626–The Nebraska Heartbeat Act and says “If the probable gestational age of the preborn child has been determined to be twelve or more weeks.” LB574 with AM1658 will come up for debate on Tuesday, May 16th. I have accepted the loss on LB626, but will support Senator Hansen’s amendment as I want to continue saving baby’s lives.

We finished this past week on Day 77 of the legislative session. We have 13 days remaining of this 90 day session. We still need to pass the budget as that is the only requirement of the legislature that must be done before adjourning on Day 90 on Friday, June 9th.

Bill Updates

  •  LB705–Change provisions for the distribution of lottery funds used for education, transfer powers and duties, create new acts and funds, and change education provisions–This bill had second round approval on May 9th after amending it to add a high school graduation requirement and modifying a proposal intended to increase the number of Nebraska teachers. The amendment created the Nebraska Teacher Apprenticeship Program, which would be administered by the Nebraska Department of Education. The amendment also states legislative intent to appropriate $10 million from the Education Future Fund to another proposal that would provide recruitment and retention grants to Nebraska elementary and high school teachers. Finally, the amendment would require public high school students to complete and submit a Free Application for Federal Student Aid prior to graduating, beginning with the 2024-2025 school year. After four hours of debate, Senator Murman called for cloture and the motion succeeded on a vote of 42-1. Lawmakers then voted 39-4 to advance LB705 to final reading. (“Education package amended, advanced to final round”. Unicameral Update. May 9, 2023. http://update.legislature.ne.gov/?p=34298) I voted no to moving this bill to Final Reading as there are several bills that I don’t agree with in this package.
  • LB583–Provide for foundation aid and special education supplemental aid under the Tax Equity and Educational Opportunities Support Act (TEEOSA)–This bill was brought to the floor by Senator Rita Sanders on behalf of the Governor’s office. LB583 would invest in Nebraska’s kids through the following mechanisms:
    • It inserts $1,500 per student foundational aid within the TEEOSA formula;
    • It expands State funding for special education by filling the gap between existing federal and State support and 80% of a district’s anticipated expenditures for special education. This function is outside of the TEEOSA formula.
    • Every School District in the State of Nebraska will be receiving some funding by the state. Special education funding will reach 80% funding. Every student is invested in by Nebraska.
      This bill had first round debate on April 4th and was advanced to Select File 39-3-7. Select File debate took place on May 9th where Senator Sanders added AM1636 to clean up some of the language in the bill. After four hours of debate, Senator Sanders called for cloture and the motion succeeded on a vote of 46-0-1. LB583 with AM1636 was voted to Final Reading on a vote of 43-0.

The week of May 1st, we continued to debate the budget. These bills were introduced by the Speaker at the request of the Governor and are part of the Governor’s biennial budget recommendations. There are three bills in the budget package. They are:

  • LB814 which is the mainline budget and will amend LB817 into it to appropriate funds for capital construction. This was debated on general file Wednesday, May 3rd and was advanced to select file with a vote of 36-4-5. This bill came up again for debate on Select File on May 10th and was voted to Final Reading with a vote of 40-2-3.
  • LB818 which is for fund transfers and will amend LB819 into it to change provisions relating to the Cash Reserve Fund (savings). This was debated on general file Thursday, May 4th and was voted to Select File 35-8. This was then debated on Select File on Wednesday, May 10th and was voted to Final Reading with a vote of 41-1-4.
  • LB813 which makes adjustments to the appropriations and reappropriations for state operations and aid programs in the current fiscal year ending June 30, 2023. The adjustments will be used in programs where the forecasted cost has risen or decreased due to circumstances that were unforeseen when appropriation bills were passed two years ago and subsequently amended by the Legislature in 2022. This bill was debated on Select File May 9th and was advanced to Final Reading on a vote of 25-0-18.
    More detailed information regarding the Governor’s budget recommendations may be found in the 2023-2025 Biennium Executive Budget Recommendations, which may be viewed on the Department of Administrative Services State Budget Division’s website at https://das.nebraska.gov/budget/publications.html.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Planting season is in full swing and calving season is happening in our area. Please keep an eye out for farming equipment moving on the roads and stay safe.

Mother’s Day is coming up this Sunday. The official U. S. Mother’s Day was established in the 1900s following the efforts of Philadelphia school teacher, Anna Jarvis. After her mother’s death in 1905, she created Mother’s Day as a way to honor mothers’ devotion to their children. In 1914, President Woodrow Wilson officially declared Mother’s Day as a national holiday that is held on the second Sunday in May. (“Origin of Mother’s Day in the USA”. InfoUSA. May 5, 2023. https://www.info-america-usa.com/mothers-day-in-the-usa/) Here’s wishing a Happy Mother’s Day to the mothers in my district.

Bill Updates

  • LB705–Change provisions for the distribution of lottery funds used for education, transfer powers and duties, create new acts and funds, and change education provisions–This bill was amended with AM1468 which replaced the bill with a modified version of the original proposal as well as the provisions of 17 other bills heard by the Education Committee this session. Senator Dave Murman said the proposals included in the committee amendment are intended to address four key issues: teacher recruitment and retention, school safety, special education funding, and increased parental and student involvement. Senators adopted further amendments containing the provision of five additional bills. Bills included in this 22 bill package are LB385 and LB603 sponsored by Senator Lou Ann Linehan; LB724 and LB774 sponsored by Senator Tony Vargas; LB762 and LB153 sponsored by Senator Wendy DeBoer; LB516, LB520, and LB356 sponsored by Senator Lynne Walz; LB414 sponsored by Senator Danielle Conrad; LB647 and LB648 sponsored by Senator Mike McDonnell; LB708 sponsored by Senator John Arch; LB632 sponsored by Senator Terrell McKinney; LB787 sponsored by Senator Justin Wayne; LB805 sponsored by Senator R. Brad von Gillern; LB585 sponsored by Senator Jana Hughes; LB222 sponsored by Senator John Fredrickson; and LB372, LB698, and LB703 sponsored by Senator Murman. After eight hours of debate on general file, Senator Murman filed a motion to invoke cloture to end debate. The motion succeeded on a vote of 39-0. Lawmakers then advanced LB705 to select file on a vote of 40-0. (Some information taken from “Education lottery allocation bill expanded, advanced”. Unicameral Update. May 4, 2023. http://update.legislature.ne.gov/?p=34269)

Some of the budget bills we addressed the last week of April to begin the process on the budget include:

  • LB815–Appropriate funds for salaries of members of the Legislature introduced by Senator John Arch at the request of the Governor. This bill provides for the appropriations each year of the biennium for the salaries and benefits of the 49 State Senators and is required by the State constitution. This bill includes an emergency clause and becomes operative on July 1, 2023. This bill was advanced to Final Reading on a vote of 39-0-1.
  •  LB816–Appropriate funds for salaries of constitutional officers was introduced by Senator John Arch at the request of the Governor. This bill provides for the funding of the salaries and benefits of certain State Officers as required by the State Constitution and current laws of the State of Nebraska. This bill includes judges as well as elected Constitutional Officers, the Parole Board and the Tax commissioner. This bill contains an emergency clause and becomes operative on July 1, 2023. This bill was advanced to Final Reading on a vote of 41-0-1.
  •  LB799–Change judges’ salaries, judgeships in county courts and the Nebraska Workers’ Compensation Court, and provisions relating to the Supreme Court and the College of Law was introduced by Senator Wendy DeBoer. This bill would provide for an increase in salaries for Nebraska judges as part of the standard biennial budgeting process. As proposed, the bill would implement an 8% per year salary increase. This bill was advanced to Final Reading on a vote of 42-0-4.

          May is See to Learn Month in Nebraska. Through the See to Learn program, any 3-year-old in Nebraska can receive a free vision assessment from participating doctors of optometry. The assessment goes well beyond a typical vision screening and includes a case history, vision assessment, testing of eye alignment, and an eye health examination.
          Vision problems in very young children can interfere with developmental milestones. Vision assessments and exams are essential in preparing children for school since 80% of what the brain processes comes through the visual system. One in five children entering school has a vision deficiency or disorder that can impact school performance, social interactions, and self-esteem. And many of these vision problems are unknown to parents or pediatricians.
          See to Learn is offered through the Nebraska Foundation for Children’s Vision in collaboration with the Nebraska Optometric Association. More than 130 doctors of optometry in over 40 communities across the state accept patients throughout the year through the See to Learn program. You can learn more at https://seetolearn.com/or find your closest participating optometrist: https://seetolearn.com/find-a-doctor/.
          Participating doctors have provided more than 20,000 free exams to 3-year-olds across the state over the past 25 years.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov. me at jalbrecht@leg.ne.gov.

My personal priority bill, LB626–Nebraska Heartbeat Act–was heard on Thursday, April 27th. Ralston Senator Merv Riepe offered an amendment during select file debate that would replace the bill and instead change the state’s current 20-week post fertilization ban to a 12-week ban. After four hours of debate, Senator Albrecht filed a motion to invoke cloture, which ceases debate and forces a vote on the bill and any pending amendments. The motion failed on a 32-15 vote. Thirty-three votes were needed. (“Abortion restrictions stall after failed cloture vote”. Unicameral Update. April 27, 2023. http://update.legislature.ne.gov/?p=34258) Unfortunately we didn’t have the 33 votes needed for cloture. It was disappointing that those who said they would vote for cloture did not vote for cloture. I will continue to fight for the unborn in Nebraska.

Arbor Day was started by Nebraska news editor and resident of Nebraska City, J. Sterling Morton. He had an enthusiasm for trees and advocated strongly for individuals and civic groups to plant them. On January 4, 1872, Morton first proposed a tree planting holiday to be called “Arbor Day” at a meeting of the State Board of Agriculture. The celebration date was set for April 10, 1872. It was estimated that more than 1 million trees were planted in Nebraska on the first Arbor Day. Arbor Day was officially proclaimed in 1874 by Nebraska Governor Robert W. Furnas. In 1885, Arbor Day was named a legal state holiday in Nebraska. Today all 50 states celebrate Arbor Day. The most common date for the state observance is the last Friday in April–National Arbor Day, but may vary in some states to coincide with the best tree planting weather. (“History of Arbor Day” https://www.arborday.org/celebrate/history.cfm. May 1, 2023) I hope you were able to get out and plant a tree in honor of Arbor Day.

Bill Updates

  • LB562–Adopt the E-15 Access Standard–This bill was introduced by Senator Myron Dorn and would, with some exceptions, require motor fuel retail dealers in Nebraska to advertise and sell E-15 from at least 50% of their qualifying dispenser, beginning in 2024. The Agriculture Committee amendment states the 50% requirement would apply if a retail dealer builds a new retail motor fuel site or replaces more than 80% of the motor fuel storage and dispensing infrastructure at an existing site. A site that only has one dispenser or sells an average of 300,00 gallons of gasoline per year or less would be exempt from the requirement if it files a statement with the Nebraska Department of Agriculture. The committee amendment would also increase the credit from 5 cents to 8 cents for each gallon of E-15 sold during 2024. The credit would be 9 cents/gallon in 2025; 8 cents/gallon in 2026; 7 cents/gallon in 2027/ and 5 cents/gallon in 2028. It also would increase the annual limit on credits from $4 million to $5 million for those years. After eight hours of debate on general file cloture was called and the vote was 37-0. The bill then advanced to select file on a vote of 32-1. (“E-15 requirement for retailers advances”. Unicameral Update. April 26, 2023. http://update.legislature.ne.gov/?p=34235)
  • LB227–Health Services package–This bill was expanded to include several additional measures, including a SNAP benefit extension, before advancing from Select File (2nd reading). Bills amended into LB227 during this debate was Senator Jen Day’s LB84 which would extend Supplemental Nutrition Assistance Program (SNAP) benefits to sunset October 1, 2026. Also amended into this bill was Senator Merv Riepe’s LB586 which would provide $3 million in general funds in fiscal year 2023-2024 and $3 million in FY 2024-2025 to incentivize and expand opportunities for nursing education and the training of nursing faculty. Another amendment, offered by Senator Lynne Walz, was LB286 which provides confidentiality to physicians who participate in a wellness program unless a peer coach determines that the physician’s condition constitutes a danger to public health and safety. Other bills amended into LB227 were LB261 sponsored by Senator Riepe; LB245 sponsored by Senator Walz; LB345 sponsored by Senator Christy Armendariz; and LB357 sponsored by Senator Walz. Following the adoption of the select file amendments, the bill was advanced to final reading by voice vote. (“Health services package expanded to include SNAP extension, advanced”. Unicameral Update. April 26, 2023. http://update.legislature.ne.gov/?p=34227)
  • LB254–Legislative video archive bill–This bill was broadened and advanced from the second round of debate on April 25th. An amendment offered by Senator Megan Hunt would require the closed-captioning to be provided in English and Spanish (adopted 35-0). An amendment offered by Senator John Cavanaugh would include provisions of his bill, LB552. Following adoption of the amendments, LB254 was advanced to final reading by voice vote. (“Legislative video archive bill expanded, advanced”. Unicameral Update. April 26, 2023. http://update.legislature.ne.gov/?p=34239)


As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Weekly News–April 21, 2023
April 21st, 2023

Another week has flown by. We just finished day 66 of this 90 day session. So far this session we have:

  • 12 bills passed
  • 23 bills are on Final Reading
  • 2 are on Enrollment and Engrossing to Final Reading
  • 43 are on Select File
  • 41 are on Enrollment and Review Initial on their way to Select File

That doesn’t count for Day 64 and 65 so we are making progress as the session moves closer and closer to Day 90. Starting on May 2nd (Day 70), we will begin debating the budget which is required by state statute.

Due to the choice of two or three senators to filibuster, we have had to go to a Washington D. C. type of process where we create omnibus packages otherwise known as Christmas Tree bills. This is not my preferred way of doing business, but this seems to be the only way to get things moving forward. If you have any questions about the omnibus bills, go to www.nebraskalegislature.gov and look up the individual bills for more information or reach out to my office and my staff will help you with your questions.

Bill Updates

  • LB227–Provide duties for the Department of Health and Human Services (DHHS) relating to reimbursing certain hospitals for nursing facility services under the Medical Assistance Act–This bill is intended to cover a Medicaid reimbursement gap in Nebraska was amended to become an omnibus health services measure and advanced from general file April 17th.
    • The Health and Human Services Committee added an amendment which added provisions of LB219 sponsored by Senator Teresa Ibach; LB434 sponsored by Senator Mike Jacobson; LB517 sponsored by Senator Lynne Walz; and LB590 sponsored by Senator Rick Holdcroft.
    • Another amendment was added during debate which would add provisions of nearly a dozen additional measures related to pharmacy practice and health profession licensure including LB35 sponsored by Senator Wendy DeBoer; LB123 sponsored by Senator John Fredrickson; LB181 sponsored by Senator Hansen; LB202 sponsored by Senator Lynne Walz; LB402 sponsored by Senator Beau Ballard; LB431 sponsored by Senator Steve Halloran; LB458 and LB548 sponsored by Senator Beau Ballard; LB572 and LB611 sponsored by Senator Merv Riepe; and LB765 sponsored by Senator Barry DeKay. After eight hours of debate over two days, Senator Hansen invoked cloture which was accepted 44-0 and all amendments were adopted without dissenting votes. It was then voted 45-0 to advance LB227 to the second round of debate. (“Medicaid reimbursement bill expanded, advanced”. Unicameral Update. April 17, 2023. http://update.legislature.ne.gov/?p=34151)
  • LB77–Provide for carrying concealed handguns without a permit, change provisions relating to concealed weapons, and prohibit certain regulation of weapons by cities, villages, and counties sponsored by Senator Tom Brewer and his personal priority bill. Wednesday, April 19th, LB77 was passed on Final Reading with a vote of 33-14 and sent to Governor Pillen’s desk for his signature. Senator Brewer has been working on this bill over the course of the past seven years. He mentioned during the debate that it has had 44 hours of debate in that time. LB77 authorizes concealed carry without a permit by people who can legally possess a firearm; requires that a person immediately notify a law enforcement officer or other emergency responder when contacted while carrying a concealed handgun; it preempts local ordinances interfering with the right to keep and bear arms; and it promotes equality before the law with respect to a core constitutional right. It does not allow felons, perpetrators of domestic violence, those with dangerous mental illness, or other “prohibited persons” to carry weapons; it will not change the list of locations where concealed handguns are prohibited; it will not stop businesses from prohibiting weapons on their premises; it will not change background check requirements for obtaining a handgun; and it will not get rid of the current Concealed Handgun Permit program or affect the validity of permits for interstate reciprocity. (Information provided by Senator Brewer’s office.)
  • LB296–Adopt the Pet Insurance Act, require use of National Provider Identifiers by health care providers, and change insurance reimbursement provisions for telehealth services sponsored by Senator Beau Ballard and was a Speaker priority bill. This bill requires pet insurers to provide disclosures regarding waiting periods, claim schedules and exclusions for preexisting conditions. It also requires training for agents who sell pet insurance. LB296 passed Final Reading on a vote of 46-0 and was presented to Governor Pillen on April 19, 2023. (“Pet insurance, telehealth proposal approved”. Unicameral Update. April 19, 2023. http://update.legislature.ne.gov/?p=34170)
  • LB376–Change provisions of the Nebraska Liquor Control Act sponsored by Senator John Lowe and a General Affairs Committee priority bill. This bill passed on Final Reading with an Emergency Clause 41-0-2-6 on April 17th. It was presented to Governor Pillen on April 18th.

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I would like to invite students to the youth legislature. High school students are invited to take on the role of state senators at the Unicameral Youth Legislature June 11-14. At the State Capitol, student senators will sponsor bills, conduct committee hearings, debate legislation and discover the unique process of the nation’s only unicameral.

The Unicameral Youth Legislature gives behind-the-scenes access to students who have an interest in public office, government, politics, law, public policy, debate or public speaking. Students will learn about the inner workings of the Legislature directly from senators and staff.

The Office of the Clerk of the Nebraska Legislature coordinates the Unicameral Youth Legislature. The University of Nebraska–Lincoln’s Extension 4-H Youth Development Office coordinates housing and recreational activities as part of the Big Red Summer Camps program.

To learn more about the program, go to www.NebraskaLegislature.gov/uyl or call (402) 471-2788. The deadline for registration is May 22.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Weekly News–April 14, 2023
April 14th, 2023

The weather has made a change towards summer. Governor Jim Pillen posted on his Facebook page– “Due to continued wildfires across our state, I have issued a Proclamation declaring a state of emergency within our State. This declaration allows our state to coordinate and activate the necessary resources to effectively combat these wildfires. Additionally, I have issued an executive order that bans all open burns in Nebraska until April 16, 2023. For the status of current wildfires in Nebraska, go to: http://nema.nebraska.gov.”
(Pillen, Governor Jim. (April 13, 2023) Proclamation declaring a state of emergency and a ban on all open burns, Facebook https://www.facebook.com/profile.php?id=100087314096798)

I so appreciate the firefighters and first responders that are on call to jump into action when needed. Please be aware of the Red Flag warnings that are posted and keep an eye on the sky. Stay safe.

Bill Update

  • LB626—The Nebraska Heartbeat Act—On Wednesday, April 12th, my personal priority bill was debated for eight hours on the floor. This bill requires a doctor to do an ultrasound before proceeding with an elective abortion. If there is a heartbeat detected, there will not be an abortion. If there is not a heartbeat detected, the abortion can be done. Exceptions to this are for rape, incest, and the life of the mother.
    • This measure would be the “friendliest pro-life” law for doctors in the country. Every other state that regulates abortion imposes criminal or civil penalties for unlawful abortions, she said, but LB626 would impact only a physician’s license. (“Abortion restrictions advanced to select file after cloture”. Unicameral Update. April 14, 2023. http://update.legislature.ne.gov/?p=34135)

After eight hours of debate, a cloture vote was taken to stop the filibuster. The vote was 33-16 for cloture and the final vote to advance the bill to Enrollment and Review Initial and Select File was 33-16. The next round of debate on LB626 will be four hours.

  • LB574–Let Them Grow—This bill would prohibit the performance of gender altering procedures for individuals under the age of 19, provide for definition of terminology and allow for civil action to be brought against violators of the act. It was debated for four hours on Thursday. April 13th on Select File. The cloture vote was 33-16 and the final vote to move the bill forward was 33-16. An amendment will be coming between Select File and Final Reading. Bills on final reading cannot be amended, but senators may vote to return a bill from final reading to select file for consideration of a specific amendment. (“Ban on gender-altering procedures for minors advanced to final round after cloture”. Unicameral Update. April 14, 2023. http://update.legislature.ne.gov/?p=34125)

  • LB753—Adopt the Opportunity Scholarships Act and provide tax credits—Under this Act, individual and corporate taxpayers would qualify for a non-refundable tax credit equal to the amount the taxpayer contributed to a scholarship-granting organization. No taxpayer may receive tax credits in an amount exceeding 50% of their state income tax liability. This bill is on Select File and has an amendment added to it by Senator Linehan along with Senator Hughes and Senator DeKay. This amendment makes sure the money is spent on scholarships by the Scholarship Granting Organization (SGO), and not held, and also requires reporting of progress statistics from the Nebraska Department of Education to the Revenue, Education, and Appropriations Committees. The cloture vote was 34-9, the amendment was adopted 41-0, and the bill was voted to advance to Final Reading 33-11.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Weekly News–April 7, 2023
April 6th, 2023

I hope you were able to enjoy time with your family during the Easter weekend. I know I sure enjoyed time to get away and enjoy Easter with mine.

This past week we were very busy in the Legislature working through as many bills as we could. Each bill was discussed for eight hours before being voted on.

Bills to Watch
We started the week with Senator Tom Briese’s priority bill, LB243–Property Tax package. This bill was heard in the Revenue Committee in February and a package was created. The following bills are included through Amendment 977:

  • LB243–Change the minimum amount of relief granted under the Property Tax Credit Act. This bill amends Nebraska Revised Statute 77-4212 to increase amounts per year available under the Property Tax Credit Act per the following table:
    • Tax Year 2024: $388,000,000
    • Tax Year 2025: $428,000,000
    • Tax Year 2026: $468,000,000
    • Tax Year 2027: $488,000,000
    • Tax Year 2028: $515,000,000
    • Tax Year 2029: $560,000,000

After this table is completed, growth per year is equal to the percentage increase in the total assessed value of all real property in the state from the prior year to the current year.

  • LB28–Change provisions relating to decisions on appeals under the Tax Equalization and Review Commission (TERC) Act brought by Senator Erdman. This bill reverts the valuation of a property under appeal to the Tax Equalization and Review Commission if not decided prior to the first half the following year’s taxes becoming due. This requires interest to be paid on the tax liability of additional valuation if the TERC decision is returned at a higher value.
  • LB242–Change provisions of the Nebraska Property Tax Incentive Act brought by Senator Briese. This bill amends the Nebraska Property Tax Incentive Act and eliminates the cap on allowable growth percentage. Credits will be the prior year’s credits plus the annual growth percentage defined under the Act as the percentage increase, if any, in the total assessed value of all real property in the state from the year to the current year. As amended by AM956 it also removes the current five percent (5%) cap on the allowable growth percentage on the 1107 refundable income tax credit.
  • LB309–Change an interest rate relating to property tax refunds brought by Senator Bostar. This changes the interest percent on refunds of property tax from nine percent (9%) currently to fourteen percent (14%).
  • LB589–Adopt the School District Property Tax Limitation Act brought by Senator Briese. This is a key part of the total package. This generally creates a 3% cap on a school district’s revenue growth with some exceptions. The district’s property tax request authority is adjusted to reflect this limit. So how does this work:
    • We calculate the total of property tax and non property tax revenue from the previous year.
    • We adjust it upward by 3% to arrive at a total for the current year.
    • We then subtract the non-property tax revenue for the current year from this total to arrive at the property tax request authority.

There are several caveats:

  1. The base growth percentage of 3% is increased by a percentage of enrollment growth, poverty growth, and LEP (Limited English Proficient) growth in the student population.
    Accommodation for fast growing districts.
  2. Revenue from bonds (including Qualified Capital Purpose Undertaking Fund or QCPUF), grants and donations are excluded.
  3. It also allows for such a request to override by 1) 70% vote of the school board or 2) a
    vote of the people after a 60% of the school board petition request.
  • LB783–Eliminate the levy authority of community college areas brought by Senator Murman. This ends the levying authority of community colleges with the fiscal year 2025-2026, and provides a state mechanism for funding community colleges through the state’s budgeting system. The amendment restores the levying authority for capital improvement funds and levying authority, if authorized by the community college board of governors, to allow additional funding beyond what the State of Nebraska provides if funding does not fully fund the community college.

This bill was advanced to Enrollment and Review Initial and then to Select File.

The other bill we spent time on was Senator Sanders’ priority bill at the request of the Governor. This bill, LB583–Provide for foundation aid and special education supplemental aid under the Tax Equity and Educational Support Act (TEEOSA) was amended by the Education Committee with AM970. This bill does the following:

  • Special Education: 80% of Special Education costs will be funded by the State of Nebraska. This additional funding will run through the existing TEEOSA Formula.
  • Foundation Aid: This will provide $1500 per formula student. Foundation Aid will not follow a net option student. Years 1 and 2 will be 100% resource; Year 3 and every year thereafter will be 60% resource.
  • Reporting Requirement: A yearly report to the Governor, Education Chair, and Clerk. The amount of additional state aid and how much property taxes were requested.
  • The Impact: Every School District in the State of Nebraska will be receiving some funding by the state. Special Education Funding will reach 80% funding. Every student is invested in by Nebraska.

This bill was advanced to Enrollment and Review Initial and then to Select File.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Weekly News–March 31, 2023
March 30th, 2023

This week we began floor debate from 9:00 a.m.-9:00 p.m. This gave us more time to debate the different bills that have been voted out of committee to General File or those bills moved from General File to Select File.

Our first order of business on Tuesday was to discuss a motion made by Senator Erdman on Friday, March 24th to suspend certain rules for the remainder of the 108th Legislature, First Session. This would limit the motions to postpone to a time certain, to commit, or to postpone indefinitely once daily at the same stage of the bill or proposition. This debate took a full 8 hours and was accepted on a vote of 32-13. These rules have been adopted for the remainder of the 108th Legislative Biennium.

Bill to Watch–Income Tax Package–LB754 as amended
This is one of the Revenue Committee’s priority bills. This is a Christmas Tree bill that has been debated on General File for several days this week. This bill includes:

  • LB318–Adopt the Child Care Tax Credit Act and reauthorize tax credits under the School Readiness Tax Credit Act brought to the committee by Senator Bostar. This creates the Child Care Tax Credit. The Act affords eligible parents or guardians a tax credit against tax imposed for qualified individuals whose child receives qualified care or is enrolled in child care subsidy. It also gives Refundable Credit for Qualified Parents–$2,000 per Child for income under $75,000; $1,000 per Child for income over $75,000 but under $150,000. It authorizes 100% nonrefundable credit for qualified contributions to qualified child care providers and 75% nonrefundable credit for contributions not qualifying for the 100%. It also increases the credits authorized for qualified programs of qualified providers and credit for eligible employees.
  •  LB754–Reduce individual and corporate income tax rates brought to the committee by Senator Linehan. This decreases individual and corporate top tier tax rates to 5.84% in 2024 and incrementally reduces individual and corporate tax rates annually, hitting 3.99% for corporate and tier 3 and top tier for individuals in 2027.
  •  LB38–Provide an income tax adjustment relating to federal retirement annuities brought by Senator Blood. This allows a deduction from federal adjusted gross income for federal retirement pension income.
  • LB641–Change provisions relating to the taxation of social security benefits brought by Senator Kauth. This increases percentages of social security benefits included in an individual’s federal adjusted gross income that can be reduced from the federal AGI for purposes of Nebraska income tax. It will be a 100% dedication by 2024.
  • LB497–Change provisions relating to itemized deductions brought by Senator Linehan. This allows the greater standard deduction or federal itemized deductions plus any state and local property taxes not already deducted.
  •  LB492–Allow income tax deductions for the cost of certain property and for certain research or experimental expenditures brought by Senator von Gillern. This allows immediate expensing and income tax deductions for the cost of certain property and services related to certain research and experimental expenditures.
  •  LB173–Change provisions relating to the taxation of nonresident income brought by Senator Bostar and Senator Kauth (LB416). This changes provisions on taxation of nonresident income and sourcing of income earned by nonresidents and considered income from employment Nebraska income if present more than 15 days in a tax year.
  • LB206–Change provisions relating to the taxation of partnerships brought by Senator von Gillern. This would change the provisions relating to the taxation of partnerships when filing an amended return. It would allow the partnership to elect to make any tax payments owed and outstanding based on the amended return on behalf of the partners. As such, the partners would not be subject to any additional taxes as a result of the partnership’s amended return.

This bill is part of Governor Jim Pillen’s tax cut and school aid plan. Those pieces together would reduce state tax revenues by at least $3.3 billion over six years, based on estimates from the Legislative Fiscal Office. (Stoddard, Martha and Bamer, Erin. “Lawmakers spar over income tax rate measure”, Omaha World Herald, March 30, 2023) I am proud to serve on this committee and we will be bringing more tax packages forward in the coming weeks to be debated on the floor.

Bills Update

  • LB77–Concealed Carry Bill–This bill was debated on Select File this week and voted 31-10 to move forward to Final Reading.
  • LB376–Change provisions of the Nebraska Liquor Control Act–This bill was debated on Select File this week and voted 47-0 to move forward to Final Reading.
  • LB276–Adopt the Certified Community Behavioral Health Clinic Act–This bill is enabling legislation that allows for implementation of the Certified Community Behavioral Health Clinic model in Nebraska. Key components of the model include integration of primary and behavioral health care services, increased access to medication assisted treatment and strengthening the treatment system capacity by requiring quality reporting, increased evidence-based practices and expanded community partnerships with law enforcement, justice system and schools. We began debating this bill on Tuesday and voted to move it to Select File on Wednesday 46-0.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Weekly News–March 24, 2023
March 27th, 2023

I am heading home to spring weather and calving season–one of my most treasured times of the year. The fresh air, the new life, and watching winter turn to spring uplifts my soul after a grueling week in Lincoln.

The majority of the past week has been spent debating Senator Kathleen Kauth’s bill–LB574 (Let Them Grow). It has been a very emotional and taxing week. I am working hard on behalf of ALL Nebraskans. After lots of debate, the bill passed to the initial Enrollment and Review process on its way to Select File. I am proud to support this bill and protect the children of Nebraska. There is an amendment to this bill that will allow medications to be used, but no surgical intervention for minors. I don’t see a path forward using this amendment as the opponents to this bill have told us that we would be blocked from voting on this bill.

Last Friday, March 24th, my last bill for this session, LB441–Repeal Obscenity Exemption, was heard in the Judiciary Committee. I have heard from many people across the state that this bill is needed to protect children from obscenity and child pornography. They are concerned about the books and materials they are finding in their school libraries. One testifier stated, “There is a history of legal court cases that help determine what is obscene. Also obscenity and child pornography is not protected speech according to the First Amendment. The ALA (American Library Association) even states that fact on their website.” I, too, am concerned as a grandparent of children in the K-12 public school system.

Bill Update

  • LB442–Livestock Friendly County Funding–This bill has been voted out of committee and was amended into LB116 which made changes to the Beginning Farmer Tax Credit Act. LB116 is one of the two Agriculture Committee’s priority bills. It will be coming to the floor for debate in the coming weeks.

This week we begin floor debate from 9:00 a.m.-9:00 p.m. as public committee hearings finished up last Friday. This makes for very long days and much will be discussed as many high profile priority bills will be coming up for debate on the floor. On Tuesday, we will finish debate on Senator Wishart’s LB276–Adopt the Certified Community Behavioral Health Clinic Act and the Appropriation Bill that accompanies it. On Wednesday we will begin floor debate on the Revenue Committee’s priority bill LB754 which will reduce individual and corporate income tax rates at the request of Governor Pillen. Senator Brewer’s LB77 (Concealed Carry) and Senator Lowe’s LB376 (Change provisions of the Nebraska Liquor Control Act) will be debated on second reading.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Weekly News–March 17, 2023
March 20th, 2023

The majority of the past week has been spent debating the General Affairs Committee’s priority bills–LB376 (Change provisions relating to the importation of alcoholic liquor into the state under the Nebraska Liquor Control Act) and LB775 (Redefine a term under the Nebraska Racetrack Gaming Act and change and provide powers and duties for the State Racing and Gaming Commission). LB376 has been moved to Select File with amendments and LB775 has been amended and moved onto the Enrollment and Review Initial.

This past week we also debated Senator John Cavanaugh’s bill LB552 which extends the dates for the Legislative Mental Health Care Capacity Strategic Planning Committee for one year. This bill was one of the Executive Board’s priority bills. This bill was moved to the Enrollment and Review process with amendments. After debating LB552, we moved on to Senator McDonnell’s bill LB103 which would correct two items following the passage of LB700 in 2022. The first item is to expand the definition of school plan employee for those teachers employed by state agencies to include teachers not covered by the State Code Agency Teachers Association (SCATA). This would impact a few (less than 15) teachers that are employed by the Department of Education not represented by SCATA. The second item in LB103 is to correct a date after the passage last year. LB700 had an effective date of July 1, but also contained an emergency clause. As the bill was signed by the Governor on March 4, 2022, the July 1 effective date currently in statute is amended to reflect the actual effective date of March 4, 2022. This bill was also advanced to the Enrollment and Review Initial with amendments. This was one of the Nebraska Retirement Systems Committee priority bills

This week, my final bill will be heard in the Judiciary Committee on Friday, March 24th. This will be the last day of public committee hearings.

  • LB441–Repeal Obscenity Exemption–This bill will repeal the exemption from prosecution for those in educational institutions providing obscenity to minors in grades K-12.

Bills to Watch

  • This week we will begin debating Senator Kathleen Kauth’s personal priority bill, LB574 (Adopt the Let Them Grow Act). This bill would prohibit the performance of gender altering procedures for individuals under the age of 19, provide for definition of terminology and allow for civil action to be brought against violators of the act. This has been a topic of debate on the legislative floor for the past several weeks. Speaker Arch scheduled this bill to be debated because of the recent filibuster.

Just a reminder that the Nebraska Legislature does business for 2 years otherwise known as a biennium. Bills that do not get voted out of committee may stay in committee and can be rolled forward into the 2024 session. Other bills voted out of committee and not debated on the floor will return in the 2024 session.

Governor Pillen and I visited Pender Public Schools on Monday, March 20th. Both he and I really enjoyed our tour and meeting many of the teachers and children. I am always proud to get back to Lincoln and brag on what is happening in my schools in District 17. As always Pender is doing an awesome job.t.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

 

Sen. Joni Albrecht

District 17
Room 1404
P.O. Box 94604
Lincoln, NE 68509
(402) 471-2716
Email: jalbrecht@leg.ne.gov
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