BILL SUMMARY. March 6, 2015

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1 BILL SUMMARY March 6, Nebraska State Volunteer Firefighter's Association and Nebraska Fire Chief`s Association Bill Analysis & Disposition Form One Hundred Fourth Legislature First Session Bill troducer Date LB 31 Bloomfield 2/9/2015 LB 34 Howard 1/29/2015 MOTORCYCLE HELMETS Would repeal motorcycle and moped helmet requirements. BLOOMFIELD PRIORITY BILL ADOPT THE CARBON MONOXIDE SAFETY ACT Would ensure that adequate measures are taken to prevent carbon monoxide poisoning in Nebraska homes. Would require the installation and maintenance of carbon monoxide detectors with alarms in any dwelling sold, rented, or for which a building permit is issued, all commencing after January 1, Oppose Final Reading LB 36 Bolz Education 3/3/2015 ADOPT THE COMMUNITY COLLEGE CAP ASSISTANCE PROGRAM ACT Would provide up to $1.5 million annually to assist with student expenses, on an income needs basis, at community colleges, in eligible programs, including financial services and health care. LB 38 Kolowski Judiciary 1/28/2015 INCREASE CRIMINAL PENALTY FOR DEATH/SERIOUS BODILY INJURY TO VULNERABLE ROAD USER Would increase penalty from Class I misdemeanor to Class IV felony for person convicted of motor vehicle homicide or causing serious bodily injury if the proximate cause of death or serious bodily injury is careless driving and the victim is a vulnerable road user. cluded within the definition of vulnerable road user is a person providing emergency services within the right-of-way. As a part of the penalty, mandatory sentence of not more than 200 hours of community service and not drive for any purpose for 6 months up to 15 years. Page 1 of 8

2 troducer Date LB 55 Scheer Gov't-Military & Veterans Affairs 1/22/2015 LB 90 Campbell 1/23/2015 PROVIDE AUTHORITY TO THE ADJUTANT GENERAL TO MAKE EXPENDITURES FOR A DISASTER OR EMERGENCY Would amend Adjutant General's authority to spend up to $25,000 per event without state of emergency proclamation issued by the Governor from only aerial fire suppression or hazardous material response to any disaster or emergency. NEBRASKA REGULATION OF HEALTH PROFESSIONS ACT Would authorize conduct of a directed review to determine the advisability of credentialing a health professional group not previously regulated, changing the scope of practice of a regulated health profession, or other issues regarding the regulation of health professions by the director and the chairperson or the chairperson in consultation with members of the Health and of the Legislature. General File Final Reading LB 136 Johnson Judiciary 3/19/2015 PROHIBIT SALE/POSSESSION/USE OF FLYING LANTERN DEVICES Would make the sale, possession and use of flying lantern-type devices a Class V misdemeanor. Page 2 of 8

3 troducer Date LB 163 Crawford Gov't-Military & Veterans Affairs 1/22/2015 CREATE EMERGENCY MANAGEMENT REGISTRY Would authorize NEMA to provide or contract for an emergency management registry allowing portions of public-provided data made available to public safety answering points. Data provided by individuals via secure website to be used in emergency situations and planning. dividuals may provide information such as physical descriptions of individuals, medical conditions and allergies, information on household, primary language, and emergency contacts. Data automatically displayed to persons authorized to answer 911 emergency calls for landlines, mobile, voice over internet protocol when call placed to 911 from a phone number registered and confirmed by the database. The registry will allow law enforcement personnel to search for emergency contacts publicprovided data contained in emergency management registry not considered public record, is confidential and shall not be disclosed or released except to other public entities which have a legitimate and official interest in information. Person intentionally disclosing or releasing information is guilty of Class III misdemeanor. Appropriation of $900,000 in FY and $600,000 in FY LB 192 Davis 2/24/2015 REQUIRE TRAIN CREW OF AT LEAST TWO INDIVIDUALS Would prohibit a train or light engine used in connection with movement of freight to be operated unless crew consisting of at least two individuals. Would create fine of not less than $100 for first offense, not less than $200 for second offense committee within three years, and not less than $500 for a third and subsequent offense committed within three years. Public Service Commission shall enforce this act. LB 248 Sullivan RESTRICT COMMUNICATIONS BY SCHOOL BUS DRIVERS Would prohibit use of interactive wireless communication device by school bus drivers. Exception pursuant to other statute allows usage to communicate with law enforcement or for other emergency services. Page 3 of 8

4 troducer Date LB 264 Morfeld 3/5/2015 UNIFORM CREDENTIALING ACT Would allow the Department of Health and, beginning December 15, 2015, to accept from an applicant for a credential education, training, or service completed by the applicant as a member of the armed forces of the United States, active or reserve, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the minimum standards for the credential. LB 325 Davis Revenue 2/26/2015 RURAL AND SUBURBAN FIRE DISTRICT TAX LEVY Would restore levy authority to fire protection districts not to exceed 10 and 1/2 cents on each $100 upon the taxable value of property subject to the levy if fire district is in a county that in the previous year had a levy of at least 40 cents or the county did not authorize any levy authority to the fire district in the previous year. LB 369 Riepe 3/5/2015 UNIFORM CREDENTIALING ACT - IMPAIRED CREDENTIAL HOLDERS Would authorize the Board of Health to make reasonable cause determinations on questions regarding the qualification of applicants or credential holders to practice or to continue to practice the profession. Would allow Department of Health and Human Services to refer information it has received on a person credentialed to practice any profession suffering from abuse of, dependence on, or active addiction to alcohol, controlled substances, or mindaltering substance to present the information to the appropriate board for action. Would authorize the appropriate board to determine reasonable cause does not exist to question the qualification of the applicant or credential holder or reasonable cause does exist. If reasonable cause does exist, the board could: (1) make final recommendations to director on whether applicant/credential holder is qualified to practice; (2) consider diagnostic examination by physician or other qualified professionals of applicant s/credential holder s choice; (3) require applicant/credential holder to complete diagnostic examination; or (4) appoint panel of three qualified physicians or other qualified professionals to review and analyze information concerning complaint. Would provide options for the director to approve an application; deny, refuse to renew, or revoke the credential; issue or renew a credential with conditions; or accept voluntary limitation, suspension or surrender of the credential. Page 4 of 8

5 troducer Date LB 373 Hilkemann REQUIRE SEAT BELTS ON SCHOOL BUSES Would require each school bus manufactured after the effective date and purchased on or after January 1, 2016, by a school board or board of education, to be equipped with lap-shoulder belts. Would require at least twice during each school year to provide instructions on the proper use of seat belts. Requirements of using seat belts would not be construed to increase or decrease the liability of a school district for passenger or other person for personal injury caused solely due to the failure to use a seat belt or misuse the seat belt. Nothing in the new provisions shall be construed to increase or decrease liability of a school district for continued operation of a school bus not equipped with lap-shoulder belts. LB 452 Hilkemann 2/11/2015 UNIFORM CREDENTIALING ACT Would require advertisements for health care services by a credential holder to identify the type of credential or credentials held by the credential holder pursuant to the definitions, titles, and abbreviations authorized under the applicable practice act or the examination designation required for a credential. Would prohibit advertisements including deceptive or misleading information and prohibit inclusion of any affirmative communication or representation that misstates, falsely describes, or falsely represents the skills, training, expertise, education, board certification, or credential or credentials of the credential holder. General File LB 455 Gloor Urban Affairs 2/17/2015 LB 490 Watermeier 2/18/2015 FIRE CHIEF APPOINTED UNDER CIVIL SERVICE ACT Would require fire chief appointed in a city of the first class to be appointed under the Civil Service Act. PROVIDER ORDERS FOR LIFE-SUSTAINING TREATMENT ACT (POLST) Would establish a standard form for provider orders for lifesustaining treatment to document the wishes of an individual and a physician order. Would prohibit liability on the part of a medical provider based on an act or omission related to signing or refusing or failing to sign a provider orders for life-sustaining treatment form as provided under the act. General File Page 5 of 8

6 troducer Date LB 517 Riepe RESTRICT USE OF HANDHELD INTERACTIVE WIRELESS COMMUNICATION DEVICES WHILE DRIVING Would prohibit operator of motor vehicle while on highway from holding an interactive wireless communication device. The prohibition would not apply if the sole purpose of communicating is with any of the following regarding an emergency situation: emergency response operator; physician; an emergency medical service; fire department; or law enforcement agency. addition, the following are exempted while in the performance of their official duties: law enforcement personnel; member of fire department; operator of an emergency vehicle; or a person while the motor vehicle is stopped at the side of or off a highway in location where the vehicle is not otherwise prohibited from stopping by law or by any lawful order of law enforcement personnel. Violation includes three point penalty. General File LB 540 Crawford Urban Affairs 2/17/2015 ADOPT INTERNATIONAL RESIDENTIAL AND BUILDING CODES Would adopt the ternational Building Code, Chapter 13 of the 2009 Edition, and all but such Chapter of the 2012 Edition; the ternational Residential Code, Chapter 11 of the 2009 Edition and all but such Chapter of the 2012 Edition, except section R313; and the ternational Existing Building Code 2012 Edition, all published by the ternational Code Council. (SEEK AMENDMENT) Neutral LB 543 Harr 2/6/2015 CREATE CERTIFICATION FOR COMMUNITY PARAMEDICS Would authorize certification for community paramedics for individuals who have been licensed as a paramedic and have two years of full-time service as a paramedic or its part-time equivalent and who have satisfied specific community paramedic education programs. Would direct the Department of Health and Human Services, through the Medical Assistance Act, to apply for a waiver to implement section 5 of the legislation so that community paramedics could bill Medicaid for certain services. Page 6 of 8

7 troducer Date LB 546 Morfeld Judiciary 3/6/2015 UNIFORM CONTROLLED SUBSTANCES ACT Would authorize a health professional authorized to prescribe naloxone, if acting with reasonable care, to prescribe, administer, or dispense naloxone to specified individuals experiencing or likely to experience an opoiod-related overdose, without being subject to administrative action or criminal prosecution. Would authorize emergency responder, acting in good faith, obtaining naloxone from emergency responder's emergency medical service organization to a person who is apparently experiencing an opioid-related overdose without being subject to administrative action or criminal prosecution. Definition of emergency responder includes old references which have been updated, such as "first responder". LB 604 Bloomfield Gov't-Military & Veterans Affairs REIMBURSEMENT FROM GOVERNOR'S EMERGENCY PROGRAM Would clarify that when all necessary supporting documentation has been submitted under the Governor's Emergency Program, by a political subdivision and the application has already been approved, the Adjutant General may reimburse a political subdivision for expended funds. The Adjutant General may provide for reimbursements for a completed project before all projects are completed within the political subdivision. LB 652 ADOPT THE 911 EMERGENCY SERVICES COMMUNICATIONS ACT Neutral 3/10/2015 Would adopt the 911 Emergency Services Communications Act to establish statewide governing authority and funding mechanism ensuring all Nebraskans have comparable accessibility to community for 911 emergency services. (SEEK AMENDMENTS) LB 655 Davis ADOPT THE CITIES OF THE FIRST CLASS FIREFIGHTERS CASH BALANCE RETIREMENT ACT 2/24/2015 Would establish a retirement system for purpose of providing a retirement annuity or other benefits for paid firefighters of cities of the first class. Page 7 of 8

8 troducer Date LB 657 Hadley Appropriations MAINLINE BUDGET BILL Section 30. Agency No. 12. State Treasurer: Program No Mutual Finance Assistance Act. MFO funding for FY $3,350,000 and same amount for FY & Seek Amendments Section 165. Agency No University of Nebraska: Program No University Administration. There is appropriation in FY of $559,101,391 and in FY $575,874,432, up and included in the appropriation for FY is $2,694,303 and in FY the same amount for the Nebraska Forrest Service Program. Section 74. Agency No. 21. State Fire Marshal: Program No Public Protection. Program No Training Div. FY total $898,514 and in FY total $914,819. LR 7CA Schumacher Executive Board LR 31CA Bloomfield Executive Board TERM LIMITS Would limit service of members of the Legislature to two six-year terms beginning in November 2020 and every six years thereafter. TERM LIMITS Would propose a constitutional amendment to allow appointed senators to serve an additional two full terms in the legislature regardless of the date on which they were appointed. Page 8 of 8