2018 Legislative Bills of Interest--Executive Summary

2018 Legislative Bills of Interest--

EXECUTIVE SUMMARY

Key bills of discussion are in bold. Others are for general awareness and monitoring. Click bill number to view entire introduced bill.

Legislative Committee met on 1-26-18 to discuss the Association’s legislative agenda for the 2018 session. The priority determination is noted in CAPITALIZED BOLD LETTERING AT END OF SUMMARY FOR EACH BILL DISCUSSED.



LB693 Regulate and create criminal offenses regarding the use of unmanned aircraft systems FYI

LB709 Change provisions relating to city and village plumbing boards and change a penalty

LB720 Change applicability provisions for building codes (Wayne, 13) (Urban Affairs)

A clean-up, clarification bill to better convey that all state-owned buildings meet or exceed state building code. The “exceed” would be dictated by the codes in place in the location that the state-owned building is being built or renovated moving forward from the date of bill passage. It also defines and clarifies state agencies. (p.2 lines 20-25) Hearing 2-13-18 DO TO THE CONSISTENCY THIS MAY BRING ACROSS THE STATE – WE SUPPORT

LB725 Change requirements of the Prompt Payment Act (Wayne, 13) (Government)

Defines “small business” for purposes of this bill. Bill would provide that a qualified small business would receive payment from state agency in 15 days from receipt of invoice rather than current 45 days under the Prompt Payment Act. Currently, this would apply to GC’s under $36.5M and SC under $15M in annual volume. MONITOR—SUGGEST A FAIRER BILL MIGHT BE TO REDUCE THE PAYMENT TIME TO 30 DAYS ACROSS THE BOARD FOR ALL TO MATCH THE FEDERAL GOVERNMENT’S PAYMENT POLICY.

LB767 Adopt changes to the state building code (Wayne, 13) (Urban Affairs)

“Updates State Building Code to include IBC Chapter 13 of 2009 and all of 2018 except sec. 305.2.3 and 310.4.1. Updates IRC Chapter 11 of 2009 and all of 2018 except R313 as published by ICC. Update International Existing Building Code to 2018 edition as published by ICC.” Simple version—Updates State Building Code to 2018 version, while keeping the existing exemption for fire sprinklers and daycare facilities. This bill was brought to Sen. Quick by the NE Codes Officials. Quick asked Sen. Wayne to co-sign. Hearing 2-13-18 MONITOR

LB775 Adopt the State Park System Construction Alternatives Act (Stinner, 48)(Appropriations Committee)

Bill will put the Game and Park Commission under the same construction options as the Political Subdivision Construction Alternative Act 2008. The language is copies from that bill to allow both CM@Risk and Design-Build. It was brought on behalf of the Game & Parks Commission. Their lobbyist asked Sen. Stinner to introduce for them. SUPPORT

LB784 An act relating to the Employee Classifications Act (Vargas, 7) (Bus & Labor)

Adds to act that any contractor who has unpaid fines for a violation of Act shall be barred from contracting with the state or any political subdivision until the fines are paid. Hearing was Monday, 1-22-18. STILL UNDER REVIEW

LB806 Change the Conveyance Safety Act (Kuehn, 38) (Bus & Labor)

Reduces some of the requirements and continuing education within the Act. Removes some definitions. Bill was brought on behalf of the Department of Labor. In hearing on 1-22-18 Commissioner stated that data showed that requirements of the Act from 5-6 years ago did not equate to a safer situation. This is their effort to reduce unnecessary regulation. MONITOR

LB829 Adopt the Property Tax Relief Act (FYI 1 OF 3 MAJOR TAX REFORM BILLS--Erdman)

LB846 Change provisions relating to finding and the enforceability of certain agreements under the Community Development Law (Briese, 41) (Urban Affairs)

Add that the findings by the governing body must be supported by “clear and convincing evidence” and documented in writing. The governing body’s reasons for its findings would need to be documented in writing, including analysis of the redevelopment project’s return on investment both with and without the use of TIF. Also, the decision would need to be supported by at least two affidavits from experts in the field of public finance. The city, village or authority would need to prove “by clear and convincing evidence” that the project is not economically feasible and would not occur without TIF. Hearing 1-30-18 OPPOSE

LB874 Change the Community Development Law (Urban Affairs Committee Bill)
Changes to the Community Development Law are spread over 40 pages and provide for:

  • Authority will give governing body of each county and school district in which city is located the opportunity to appoint a nonvoting member of the authority.
  • The Auditor of Public Accounts may audit or cause to be audited, any authority established under this section. This was in another statue-but now crystal clear in this act’s language as well.
  • Redefined and alphabetized terms.
  • Did change 1 term; redevelopment project. For new definition they took out the old “vague” language and inserted more specific, itemized other items that can be found on p. 13 line 29-31.
  • Prescribed process for declaring an area blighted or substandard is pretty much the same but does now require an additional public hearing.
  • A Cost-Benefit Analysis must be done to address the tax-shift and impacts on student populations of school districts in the area. All the reports need to be viewed by public and another public hearing needs to be held.
  • Very clear that on approved TIF projects you CANNOT start building the building before TIF is approved. P.26 line 8-20.
  • Last section of change all relate to administration by governing board for approved redevelopment projects.

PARTS OF THIS BILL WE ARE FINE WITH, BUT THERE ARE A FEW ITEMS THAT WILL CREATE MORE COST AND ROAD-BLOCKS TO APPROVAL OF TIF PROJECTS, ESPECIALLY SMALLER ONES. JEAN WILL VISIT WITH SENATOR AND STAFF REGARDING OUR CONCERNS

LB889 Provide and eliminate duties relating to fire codes (Wayne, 13) (Urban Affairs)

Eliminates the requirement that State Fire Marshal’s duty to adopt, rule, regulate, and enforce in specific areas (p.3 line 3-25). Later in language –-The State Fire Marshal shall adopt and develop rules/regulations for a State Fire Code, followed by the minimum of what the code shall cover. It’s a clean-up and clarify statue bill. MONITOR

LB890 Provide for a fee examination and report relating to the State Fire Marshal

Fire Marshall fees haven’t been updated in statue since 2001 so cost of inspections outstate is way lower and is subsidized by general fund. Rather than introduce a bill to just arbitrarily raise the fees across the board, this bill will gather data about actual cost, etc. to better determine a set of fees for future. MONITOR

LB921 Create a licensing exception under the State Electrical Act for certain farm building Construction (Lowe, 37) (General Affairs)

Defines farm building. Would exempt electrical license requirement for person employed to construct farm building and do work of licensed person if they are hauling, unloading or moving electrical wiring or wiring components, or doing work under the direct supervision of a properly licensed electrical contractor located at same site, but not in sight. MONITOR

LB947 Adopt the Nebraska Property Tax Cuts and Opportunities Act, change income tax rates, and Eliminate certain exemptions and credits (FYI 1 OF 3 MAJOR TAX REFORM BILLS--Smith on behalf of the Governor)

LB967 Eliminate provisions of the Community Development Law relating to undeveloped vacant land and land outside of cities (Groene, 42) (Urban Affairs)

It repeals 18-2123 from law… ”Upon a determination, by resolution, of the governing body of the city in which such land is located, that the acquisition and development of undeveloped vacant land, not within a substandard or blighted area, is essential to the proper clearance or redevelopment of substandard or blighted areas or a necessary part of the general community redevelopment program of the city, or that the acquisition and development of land outside the city, but within a radius of three miles thereof, is necessary or convenient to the proper clearance or redevelopment of one or more substandard or blighted areas within the city or is a necessary adjunct to the general community redevelopment program of the city, the acquisition, planning, and preparation for development or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in the foregoing sections”.

Source: Laws 1951, c. 224, § 9, p. 810; R.R.S.1943, § 14-1623; Laws 1957, c. 52, § 13, p. 259; Laws 1961, c. 61, § 12, p. 238; R.R.S.1943, § 19-2623. OPPOSE

LB1025 Create Building Code Advisory Committee and change building code provisions (Wayne, 13)

Clarifies that if a county, city or village does not adopt a code as authorized, the state building code shall apply. Also, bill creates the Building Codes Advisory Committee and specifies the membership, purpose to recommend when to update state code, and process for committee to follow. SUPPORT IF THE HOME BUILDER LOBBY DOES AS WELL, OTHERWISE NEUTRAL.

LB1031 Change excavation notification and marking requirements and provide for large project planning meetings, rulemaking authority and cost allocation under the One-Call Notification System Act (Friesen, 34)

This bill includes specific changes for large projects on part of excavation contractors. It adds definitions for metallic underground facilities, large project, mechanical equipment, and nonintrusive excavating. The bill also requires a mandatory planning meeting for large projects (p.5, line 4-14), and requires that the excavator is responsible for “locate cost” on large projects (p. 5 line 15-2). Lastly, (p.6 line 20-p.7 line 6) spells out equipment limitations on certain jobs. MONITOR

LB1072 Change a preference in awarding public contracts and eliminate reciprocal preference provisions (Linehan, 39)

Regarding public lettings and contracts, this bill eliminates reciprocal preference provisions and instates a preference in awarding public contracts to Nebraska resident bidders over nonresident bidders. OPPOSE

LB1084 Adopt the Property Tax Request Limitation Act, provide sunset dates for certain tax exemptions and incentives, and change other revenue and taxation provisions (FYI 1 OF 3 MAJOR TAX REFORM BILLS--Briese)

LB1085 Change the Community Development Law as relating to TIF (Wayne, 13)

This bill continues where LB874 leaves off. It adds definition for “extremely blighted” as defined by HUD and describes the protocol for managing those plans. THIS BILL IS NOT GOING ANYWHERE THIS SESSION--MONITOR

LB1109 Create the Grow Nebraska Through Quality Employment Strategy Partnership (Harr, 8)

A simple, short bill that is worth the read for its simplicity, common sense, no-real cost, and who knows; maybe some good ideas will come from it!! However, it does create a “committee” to study workforce issues and there are NO employers included on the committee. MONITOR