Bulletin #18

109th Legislature, First Session

May 9, 2025 - Bulletin

ITEMS OF INTEREST TO MUNICIPALITIES Stories inside: • LB 90: League bill on improvement districts for cities of the first class passed on Final Reading • LB 521: Bill advanced to Final Reading on May 8 with Leaguesupported amendments to the Open Meetings Act adopted by the Government Committee and incorporated into LB 521, the Committee’s second Priority Bill • LB 608: (AM1129): League strongly opposes costly unfunded mandate in AM 1129 to adopt a rebuttal presumption that 30+ types of cancer are work-related for paid and volunteer firefighters • LB 647 (as amended): Bill advanced to Final Reading on May 9 with needed revisions to the ‘LB 34 property tax ’ on municipalities and counties negotiated by the League and NACO as Reported in League Legislative Bulletin #15. A ‘friendly amendment’ filed by Senator Rita Sanders of Bellevue (AM1360) relating to the Recreational Trail Easement Property Tax Exemption Act and the Sports Arena Facility Financing Act was adopted on Select File. LB 647 (as amended) advanced to final reading with 28 ayes, 6 nays, 10 present and not voting, and 5 excused and not voting. (Floor Amendment 200 filed by Senator George Duncan of Lincoln to strike provisions of LB 647 expanding the current educational savings plan trust (529 Plans) to all eligible private educational institutions was not adopted.)

LB 90: League bill on LB 521: Bill advanced to Final improvement districts for Reading on May 8 with cities of the first class passed League-supported on Final Reading amendments to the Open Meetings Act adopted by the Government Committee and incorporated into LB 521, the Committee’s second Priority Bill Sen. Stan Clouse District 37

Thanks to Sen. Stan Clouse of Kearney for

introducing LB 90 on behalf of the League. On May 9, LB 90 was considered on “Consent Calendar” on Final Reading; Senators voted to pass the bill with 48 ayes, 0 nayes and 1 (Sen. Hunt not present).

LB 90 amends Section 16-617 to modernize and harmonize provisions dealing with improvement districts in cities of the first class.

The bill contains several provisions including: Clarifying the types of improvements permitted for cities of the first class and harmonizing those with permitted improvements for cities of the second class; Giving cities of the first class the option (like cities of the second class already have) to fund improvements in districts at public cost OR by levy of special assessments. Currently, cities of the first class are required to levy special assessments for improvements made with an improvement district; and Limiting the instances when property owners may dictate the types of materials to be used in the public bidding process to only when a district is formed by petition.

Sen. Rita Sanders District 45 Chair of the Gov. Committee

Thanks to Sen. Rita Sanders of Bellevue, Chair of the

Government, Military, and Veterans Affairs Committee, for her leadership and support to amend Section 84-1411 of the Open Meetings Act by incorporating these provisions (AM1145 to LB 243) into the Standing Committee Amendment to LB 521 (AM1152).

On May 8, LB 521 (as amended on General File) was considered on Select File. Before LB 521 (as amended) was advanced to Final Reading on a voice vote, the following two additional amendments were adopted: 1) AM 1333 amends section 32-568 relating to cities of the metropolitan class cities (OMAHA) regarding the process

for filling vacancies in the office of the mayor and councilmembers (as provided by local law); and 2) Floor Amendment (FA) 190 strikes sections 80 and 81 which would have exempted Foster Care Review Boards from the Open Meetings Act. Sen. George Dungan of Lincoln was not successful in getting Floor Amendment (FA)191 adopted to strike section 17 which would amend section 15-301 relating to cities of the primary class (LINCOLN) to provide an option that general city elections in Lincoln could be held on the first Tuesday in May of every odd-numbered year (as current law provides) "or by provision of such city's home rule charter, in conjunction with the general statewide election."

(Although LB 521 would give the City of Omaha a similar option, the City of Lincoln has some unique issues.)

request to the newspaper to post on the statewide website shall be evidence that such posting is done as required and sufficient to fulfill the requirement of publication; and 3) to reinstate the following provisions unintentionally omitted when Section 84-1411 was amended by LB 287 in the 2024 session: (c) In addition to a method of notice required by subdivision (1)(b)(i) or (ii) of this section, such notice may also be provided by any other appropriate method designated by such public body or such advisory committee. (d) Each public body shall record the methods and dates of such notice in its minutes. (e) Such notice shall contain an agenda of subjects known at the time of the publicized notice or a statement that the agenda, which shall be kept continually current, shall be readily available for public inspection at the principal office of the public BACKGROUND; body during normal business hours. Agenda items LB 521 is the Committee’s second Priority Bill. On shall be sufficiently descriptive to give the public May 1, LB 521 was considered on General File; the reasonable notice of the matters to be considered at Standing Committee Amendment (AM1152) was the meeting. Except for items of an emergency nature, adopted to the bill with 41 ayes and no dissenting the agenda shall not be altered later than (i) twentyvotes. LB 521 (as amended by AM1152) was then four hours before the scheduled commencement of advanced to Select File with 42 ayes and no the meeting or (ii) forty-eight hours before the dissenting votes. scheduled commencement of a meeting of a city Representatives of the League, NACO, the Nebraska council or village board scheduled outside the Association of School Boards, and the Nebraska corporate limits of the municipality. The public body Press Association (NPA) support needed revisions to shall have the right to modify the agenda to include items of an emergency nature only at such public Section 84-1411, especially the revisions to the publication requirements so public bodies do not meeting. have to cancel public meetings when the newspapers fail, neglect, or refuse to publish notices OR the NPA’s statewide website is unavailable for any reason.

LB 521 with AM1152 would amend Section 841411 of the Open Meetings Act: 1) to delete antiquated language; 2) to amend notice provisions providing that the public body shall “request the newspaper to submit a post on the statewide website, if available, established and maintained (by the NPA) as a repository for such notices by a majority of Nebraska newspapers.” The public body’s written

LB 608 (AM 1129): League strongly opposes costly unfunded mandate in AM 1129 to adopt a rebuttal presumption that 30+ types of cancer are work-related for paid and volunteer firefighters

On May 8, the Legislature considered LB 608 (as amended) on Select File. Although the League supports LB 608 as amended on General File by AM 904, relating to the First Responder Recruitment and Retention Act, the League strongly opposes AM 1129 filed on Select File by Senator Dave Wordekemper, a former Fremont firefighter. (LB 400 introduced by Senator Wordekemper was advanced to General File by the Business and Labor Committee with AM 702 which is identical to AM 1129.)

If adopted, AM 1129 (or any similar amendment to any other bill) would be a COSTLY UNFUNDED MANDATE on cities and villages by providing a REBUTTAL PRESUMPTION that 30+ types of cancer would be considered work-related for PAID AND VOLUNTEER FIREFIGHTERS! On May 8, the League forwarded to municipal officials an email that was sent by the League to all state senators outlining some of the MANY concerns about this significant unfunded mandate: 1. AM1129 creates a rebuttable presumption that more than 30 types of cancer are work related for state and local firefighters, whether paid or volunteer. There are no rebuttable presumptions for any other injury in the Nebraska Workers’ Compensation Act. This rebuttable presumption is contrary to basic principles of the Nebraska Workers’ Compensation Act.

2. Some of the exposures listed in the amendment are entirely unrelated to work.

For example, Digoxin (duh-jaak-sin) is a medication used to treat heart failure. Heart medication is unrelated to exposures in a firefighter’s occupation. Creating a rebuttable presumption that cancers associated with these exposures are work related, will bring frivolous and unfounded claims that employers and insurers will be forced to defend. Many types of cancers listed in the amendment may not be linked to work alone, but are influenced by family history, genetics, previous jobs, lifestyle, environmental causes unrelated to firefighting.

3. AM 1129 provides coverage for volunteer firefighters who have acted as a volunteer for more than 5 years. There is no requirement that the volunteer firefighter responded to a certain number of calls or was ever called up to duty.

4. AM 1129 does not provide for procedural or judicial mechanisms to rebut the presumption. It also does not outline whether an employer or insured can suspend benefits unilaterally, or with court approval.

5. As originally introduced, LB 400 has a fiscal note of over $340,000. According to the fiscal note, the State of Nebraska currently has 75 public servants (airport firefighters, investigators, and instructors under the amendment. The 75 state public servants referred to in the fiscal note DO NOT include municipal firefighters. For municipalities, the fiscal impact would be substantially more, creating an unfunded mandate that for most municipalities will be paid for with property taxes.

Sen. Mike Jacobsen District 42

Thanks to Senator Mike Jacobson of North Platte

who made compelling arguments in strong opposition to AM 1129 during floor debate on Select File! He reminded his colleagues adoption of AM 1129 clearly would be an unfunded mandate resulting in property tax increases! Senator Jacobson stated he supported LB 608 as amended on General File but would oppose the bill if AM 1129 was adopted. Thanks to Senator Stan Clouse of Kearney and others who told the League they also would oppose AM 1129 if it came up for a vote. Although Senator Wordekemper ultimately withdrew AM 1129 so LB 608 could be advanced to Final Reading, he and Senator Bob Hallstrom of Syracuse stated they would try to find a path forward to offer AM 1129 to another bill this session. PLEASE contact your senator(s) to oppose the adoption of a rebuttal presumption for paid and volunteer firefighters relating to cancer!

BACKGROUND: The League supports LB 608 (as amended by AM 904 on general file) to define and redefine terms to the First Responder Recruitment and Retention Act which provides a 100% tuition waiver for a first responder, a first responder’s qualifying child, an eligible disabled person, or an eligible disabled person’s qualifying child, as prescribed to state postsecondary institutions, as well as providing procedures for applications. In addition, AM 904 provides for 50% tuition waivers for correctional officers or youth detention officers (and their qualifying children), eligible disabled persons (former officers and their qualifying children.)