ESU Coordinating Council
February 01, 2017 12:00 PM
Legislative Committee Meeting
1. Call to Order
Rationale

Notice to visitors:  To be heard at this meeting, the "Request to be Heard" form, must be completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will call upon visitors wishing to address the Board in the order they were submitted or by subject.

Pursuant to Section 84-1411 of the Nebraska Statutes, notice of this meeting was given by advertisement on the ESUCC website, NE Public Meeting site, and host site.

Open Meetings Law
: Pursuant to Section 84 - 1412 of the Nebraska Statutes, the public is hereby informed that a current copy of the Nebraska Open Meetings Act is posted in this meeting room. 

Discussion

Call to order at 11:49 AM.

Staff:  David Ludwig, Deb Hericks, Priscilla Quintana, Beth Kabes



2. Roll Call
3. Agenda Item
Chair of Committee
3.A. January 6, 2017 Western NE Legislative Day
Discussion

Executive Director shared how the Western NE Legislature day went with discussion with ESU Administrators and Senators..  It was a good day for the administrators for them to talk to Senators.  We need to give ESU maps to new senators.  It is very important to get our voice heard. 

3.B. Tax Reform Meeting
Committee Chair - Calvert
Rationale

A meeting was scheduled at NCSA with all agency stakeholders on Tuesday, September 27 regarding tax reform issues.  The meeting was facilitated by the Open Sky Policy Institute specific to needed investments in education.  A collaborative legislative plan will be developed designed to tell our story within K-12 Public Education. 

Attachments
3.C. Legislative Bills 2017
Executive Director Ludwig
Attachments
Actions Taken

Motion Passed:  Recommend approval of list of legislative bills and the stance of the Legislative Committee passed with a motion by Schnoes ESU 03 and a second by Beatty ESU 16.

Discussion

Executive Director shared that communication and awareness is more important now than ever before.  Review the bills


3.C.I. LB 22 - Provide, change, and eliminate provisions relating to appropriations and reduce appropriations
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 22

One Hundred Fifth Legislature - First Session - 2017
Introducer's Statement of Intent
LB22
Chairperson: Senator John Stinner
Committee: Appropriations
Date of Hearing: January 17, 2017

The following constitutes the reasons for this bill and the purposes which are sought to be
accomplished thereby:

LB 22, introduced by the Speaker at the request of the Governor, is part of the Governor's expedited
FY 2016-17 budget adjustment recommendations.

The bill makes adjustments to appropriations and re-appropriations for state operations, aid and
construction programs in the current fiscal year ending June 30, 2017, provides for transfers, and modifies
intent language and earmarks accompanying appropriations approved by the 104th Legislature.

This legislative bill contains the emergency clause.

Detailed information regarding the Governor’s budget recommendations can be found in the document
entitled “Governor’s Budget Recommendations, FY 2016-17 Budget Adjustments” dated January 5, 2017,
and may be viewed on the Administrative Services – State Budget Division’s website at http://
budget.nebraska.gov/biennium-2015-2017.html.

Principal Introducer:
Senator Speaker Scheer, 19

Attachments
Discussion

Executive Director shared that LB 22 is the deficit bill.   LB 22 would rovide, change, and eliminate provisions relating to appropriations and reduce appropriations.

3.C.II. LB 144 - Change agricultural and horticultural adjusted valuations for calculating state aid to schools
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 144

Introduced By: Senator Friesen

Date of Introduction: January 09, 2017

(NSCA Monitor)

Attachments
Discussion

LB 144 would change agricultural and horticultural adjusted valuations for calculating state aid to schools.

3.C.III. LB 175 - Adopt the Student Online Personal Protection Act
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 219

One Hundred Fifth Legislature - First Session - 2017
Introducer's Statement of Intent
LB175
Chairperson: Senator Mike Groene
Committee: Education
Date of Hearing: January 31, 2017

The following constitutes the reasons for this bill and the purposes which are sought to be
accomplished thereby:

LB 175 adopts the Student Online Personal Information Act and would prohibit technology
companies who are invited into schools from using student data for targeted advertising or
creating student profiles for non-educational purposes such as providing credit or insurance.

Principal Introducer:
Senator Adam Morfeld

 

 

 

Attachments
Discussion

LB 175 would adopt the Student Online Personal Protection Act.

3.C.IV. LB 219 - Change retirement system provisions relating to authorized benefit elections and actuarial assumptions
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 219

One Hundred Fifth Legislature - First Session - 2017
Introducer's Statement of Intent
LB219
Chairperson: Senator Mark Kolterman
Committee: Nebraska Retirement Systems
Date of Hearing: January 31, 2017

The following constitutes the reasons for this bill and the purposes which are sought to be
accomplished thereby:

In 2016 an Experience Study was conducted on the Judges, School Employees and State
Patrol Retirement defined benefit plans and the County and State Employees defined
contribution and cash balance plans. The actuary recommended several actuarial assumption
changes including updating the mortality table from the current statutorily required 1994
mortality table, lowering the defined benefit plan assumed rate of return from 8% to 7.5% and
the cash balance plan assumed rate from 7.75%, to 7.5%.

The adoption of these new actuarial assumptions requires an amendment to the definition of
"actuarial equivalent" in each plan to clarify that the current 1994 mortality table will only be
applied to calculation of factors for defined benefit members hired prior to July 1, 2017 and
for state and county cash balance plan members hired prior to January 1, 2018. Calculation of
factors for defined benefit plan members hired or rehired on or after July 1, 2017 and all state
and county defined contribution and cash balance plan members hired or rehired on or after
January 1, 2018 will use the mortality table recommended by the actuary and adopted by the
Public Employees Retirement Board. The new statutory language will allow the mortality
table to be updated as recommended by the actuary and adopted by the Board, based on the
most recent actuarial study and will not require future statutory changes.

In addition, in the county and state plans, it clarifies that the assumed rate of return as
recommended by the actuary and adopted by the Public Employees Retirement Board will be
the rate used to calculate annuities for cash balance plan members.

Principal Introducer:
Senator Mark Kolterman, Chairperson
Nebraska Retirement Systems Committee

Attachments
Discussion

LB 219 would change retirement system provisions relating to authorized benefit elections and actuarial assumptions.

3.C.V. LB 232 - Provide a property tax exemption for property leased to the state or a governmental subdivision
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 232

Introduced By: Senator Kolterman

Date of Introduction: January 11, 2017

Attachments
Discussion

LB 232 would provide a property tax exemption for property leased to the state or a governmental subdivision.

3.C.VI. LB 266 - Change the valuation of agricultural land and horticultural land
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 266

Introduced By: Senator Friesen

Date of Introduction: January 11, 2017

Attachments
Discussion

LB 266 would change the valuation of agricultural land and horticultural land

3.C.VII. LB 312 - Change and eliminate revenue and taxation provisions
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 312

Introduced By: Senator Briese

Date of Introduction: January 12, 2017

Attachments
Discussion

LB 312 would change and eliminate revenue and taxation provisions.

3.C.VIII. LB 327 - Appropriate funds for the expenses of Nebraska State Government for the biennium ending June 30, 2019
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 327

Introduced By: Senator Speaker Scheer At the request of the Governor

Date of Introduction: January 12, 2017

Attachments
Discussion

LB 327 is the biennial budget bill.  LB 327 would appropriate funds for the expenses of Nebraska State Government for the biennium ending June 30, 2019.

3.C.IX. LB 338 - Adopt the Agricultural Valuation Fairness Act
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 338

Introduced By: Senator Brasch At the request of the Governor

Date of Introduction: January 12, 2017

Attachments
Discussion

LB 338 would adopt the Agricultural Valuation Fairness Act

3.C.X. LB 409 - Change the base limitation and local effort rate for school districts
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 409

Introduced By: Senator Groene

Date of Introduction: January 13, 2017

Attachments
Discussion

LB 409 would change the base limitation and local effort rate for school districts

3.C.XI. LB 415 - Provide and change notification requirements and duties and benefits for certain retirement system members, change certain annuity and disability benefit provisions, and provide duties for school districts and the Public Employees Retirement Board relating to retirement
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 415

Introduced By: Senator Kolterman

Date of Introduction: January 13, 2017

Attachments
Discussion

LB 415 would provide and change notification requirements and duties and benefits for certain retirement system members, change certain annuity and disability benefit provisions, and provide duties for school districts and the Public Employees Retirement Board relating to retirement.

3.C.XII. LB 431 - Change provisions relating to cash reserves under the Nebraska Budget Act
Executive Director Ludwig
Rationale

LB 431

Budget Form

One Hundred Fifth Legislature - First Session - 2017

Introducer's Statement of Intent
LB431
Chairperson: Senator John Murante
Committee: Government, Military and Veterans Affairs Date of Hearing: January 26, 2017

The following constitutes the reasons for this bill and the purposes which are sought to be accomplished thereby:

The purpose of this bill is to correct the relationship between taxes levied and cash reserved.  LB431 intends to cap cash reserves at 50% of the total amount received from personal and real property taxes, instead of through projected budgeting. Furthermore, the bill intends to strip governing bodies from their ability to build-up exorbitant cash reserves which exceed 50% of their total tax asking ability.

LB431 will accomplish this goal by changing the wording of Nebraska State Statute 13-504(b) and (c).  The bill will strike the words, “budget adopted” from these two sections of the statute and replace them with the words, “amount received from personal and real property taxation.” This change in the wording of Nebraska State Statute 13-504(b) and (c) shall limit incoming cash reserves to 50% of the governing body's tax asking ability and cap the total amount of these cash reserves at this same amount.  There is simply no reason for any governing body within the State to hold more than 50% of its operating costs in cash reserves.

Principal Introducer:                                                                   
Senator Steve Erdman

 

Attachments
Discussion

LB 431 would change provisions relating to cash reserves under the Nebraska Budget Act.

3.C.XIII. LB 432 - Eliminate provisions of the Nebraska Budget Act relating to allowances for delinquent taxes and anticipated litigation
Executive Director Ludwig
Rationale

LB 432

One Hundred Fifth Legislature - First Session - 2017

Introducer's Statement of Intent
LB432

Chairperson: Senator John Murante
Committee: Government, Military and Veterans Affairs
Date of Hearing: January 26, 2017

The following constitutes the reasons for this bill and the purposes which are sought to be accomplished thereby:

Some tax asking entities are abusing their tax asking authority by adding delinquent taxes to their tax asking ability. Such a practice constitutes an abuse of taxpayers’ monies, especially when less than 0.05% of real estate taxes go unpaid.

This bill is intended to strip tax asking entities of their authority to add delinquent taxes to their tax asking ability. LB431 will remove that portion of Nebraska State Statute 13-508 which provides tax asking entities with the option of adding delinquent taxes to their tax asking ability.

Principal Introducer:
Senator Steve Erdman

 

Attachments
Discussion

LB 432 would eliminate provisions of the Nebraska Budget Act relating to allowances for delinquent taxes and anticipated litigation

3.C.XIV. LB 479 - Change public hearing provisions and redefine a term under the Nebraska Budget Act
Executive Director Ludwig
Rationale

LB 479

One Hundred Fifth Legislature - First Session - 2017

Introducer's Statement of Intent
LB479

Chairperson: Senator John Murante
Committee: Government, Military and Veterans Affairs
Date of Hearing: January 26, 2017

The following constitutes the reasons for this bill and the purposes which are sought to be accomplished thereby:

In order for citizens to be able to cast a watchful eye on local government spending, local governments have to be transparent in their budget process and not only ensure that citizens have all the information they need to be informed available at the meeting, but also give citizens time to express their opinion on local government spending. This reinforces that the citizens' right to review the information discussed as provided in the Open Meetings Act 84-1412(8) applies to the Nebraska Budget Act as well.

This bill amends the Nebraska Budget Act to ensure greater transparency of the budget process by mandating that at the budget hearing, scheduled separately from a governing body's regular hearing, the board must make a detailed presentation on the budget, ensure that copies of the budget are available to the citizens, and so that every citizen wanting to address the board has an opportunity to do so, the hearing is not limited by time.

This bill also expands the list of boards included in the Nebraska Budget Act.

Principal Introducer:
Senator Mike Groene

Attachments
Discussion

LB 479 would change public hearing provisions and redefine a term under the Nebraska Budget Act.

3.C.XV. LB 484 - Create the School Financing Review Commission
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 484

Introduced By: Senator Kolowski

Date of Introduction: January 17, 2017

Attachments
Discussion

LB 484 would create the School Financing Review Commission.

3.C.XVI. LB503 - Prohibit certain provisions in collective-bargaining agreements
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 503

Introduced By: Senator Brewer

Date of Introduction: January 18, 2017

Attachments
Discussion

LB503 would prohibit certain provisions in collective-bargaining agreements.

3.C.XVII. LB 521 - Change provisions related to early childhood education in the Tax Equity and Educational Opportunities Support Act
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 568

Introduced By: Senator Walz

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 521 would change provisions related to early childhood education in the Tax Equity and Educational Opportunities Support Act


3.C.XVIII. LB 540 - Provide for a temporary aid adjustment factor in the Tax Equity and Educational Opportunities Support Act
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 540

Introduced By: Senator Stinner

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 540 would provide for a temporary aid adjustment factor in the Tax Equity and Educational Opportunities Support Act.

3.C.XIX. LB552 - Provide for the Children's Connection program
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 552

Introduced By: Senator Walz

Date of Introduction: January 18, 2017

 

Attachments
Discussion

LB 552 would provide support for Children's Connection programs.  

3.C.XX. LB 568 - Change provisions related to temporary teaching certificates
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 568

Introduced By: Senator Erdman

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 568 would change provisions related to temporary teaching certificates

3.C.XXI. LB 575 - Provide funding for schools offering certain programs and courses as prescribed
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 575

Introduced By: Senator Kolowski

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 575 provides funding for schools offering certain programs and courses as prescribed. 

3.C.XXII. LB 576 - Limit increases in property tax bills
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 576

Introduced By: Senator Brewer

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 576 would limit increases in property tax bills

3.C.XXIII. LB 595 - Provide for the use of physical force or physical restraint or removal from a class in response to student behavior
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 595

Introduced By: Senator Groene

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 595 would provide for the use of physical force or physical restraint or removal from a class in response to student behavior

3.C.XXIV. LB 608 - Adopt the Parental Choice Scholarship Program
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 608

Introduced By: Senator Linehan

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 608 would adopt the Parental Choice Scholarship Program

3.C.XXV. LB 630 - Adopt the Independent Public Schools Act
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 630

Introduced By: Senator Larson

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 630 would adopt the Independent Public Schools Act.

3.C.XXVI. LB 633 - Authorize school districts to levy a tax and exceed budget authority for school security measures and student technology
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 633

Introduced By: Senator Kolowski

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 633 would authorize school districts to levy a tax and exceed budget authority for school security measures and student technology.

3.C.XXVII. LB 634 - Include virtual school students in the state aid to schools formula
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 634

Introduced By: Senator Wayne

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 634 would include virtual school students in the state aid to schools formula

3.C.XXVIII. LB 662 - Establish a grading system for schools and school districts
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 662

Introduced By: Senator Linehan

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 662 establish a grading system for schools and schools districts. 

3.C.XXIX. LB664 - Prohibit a political subdivision from using taxes or fees to employ a lobbyist
Committee Chair - Standish and Executive Director Ludwig
Rationale

LB 664

Introduced By: Senator Kuehn

Date of Introduction: January 18, 2017

Attachments
Discussion

LB 664 prohibits a political subdivision from using taxes or fess to employ a lobbyist. 

3.D. Legislative Planning Update
Executive Director Ludwig
Attachments
3.D.I. Legislative Goals
Executive Director Ludwig
Rationale

  • Core funding
  • ESUCC funding
  • eLearning funding
  • ESU facilities funding
  • State Audit
  • Extended services statewide
  • Ongoing communication and awareness

Long Term

  • Review Rule 84
  • Review and/or revise the definition for Core Services

Legislative Meeting June 13, 2016 - notes from Legislative meeting on June 13, 2016. 

3.D.I.a. Governor Meeting
Executive Director Ludwig
3.D.I.b. Marketing - Individual Visits
3.D.I.c. Marketing - Whole Group Presentation, February 23, 2017
Rationale

We have been approved for Room 1023 in the Capitol from 10:00AM - 1:00PM on Thursday, Feb. 23rd. 
There will be a screen provided, but you will have to bring your own computer and projector equipment.  Do we still want to consider this as an option?

3.D.I.c.-. ESUCC Data
Committee Chair - Calvert
Rationale

ESUCC Data

3.D.I.d. ESUCC/ESU Promotional Flyer
Rationale

The topic of updating the ESUCC/ESU flyer was presented during the previous committee meeting.  Could we find a date(s) in which the committee can meet to review and/or revise the flyer to more accurately tell our story.

Attachments
4. Next Meetings Agenda Items
Chair of Committee
5. Executive Session
Rationale

The ESU Coordinating Council is authorized by state statute to enter into executive session. Executive session may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6. Adjournment
Actions Taken

Motion Passed:  Motion to adjourn at 1:03PM passed with a motion by Beatty ESU 16 and a second by Schnoes ESU 03.