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AT WORK FOR YOU: YOUR ADVOCATE
2010 LEGISLATIVE BILLS OF INTEREST
SESSION WRAP-UP
Here is the end result from the session on our bills of interest. As the Chapter’s registered lobbyist I spent much time on the most critical bills as determined by the Legislative Committee members. This session I devoted the majority of my time to LB 552, 563, 999, 925 and 822. I always welcome conversation from all members regarding legislation—the good, bad or ugly! Feel free to call anytime to ask questions about bills, provide perspective on an issue, or to request that I take a look at an issue that the committee missed. I am here to represent you and your industry at the state level.
LB 700 – McCoy (Business and Labor Committee) Require certain construction and remodeling work to be supervised as prescribed in order to obtain a building permit
Beginning 1-1-11 any residential construction or remodeling work requiring a building permit will need to be supervised or performed by a certified person or no building permit will be issued. Applications for certification will be submitted to government entity that issues building permits.
A person will be certified if: 1.) they show proof of having 5 or more years of experience immediately preceding application in performing or supervising residential construction, or 2.) applicant successfully passes the Standard Residential Building Contractor Exam of the ICC or a similar exam. Also applicants must sign a form agreeing to comply with all building and safety codes, provides name, address and social security number and pays a $25.00 fee. (Watch and Monitor)
Bill was not voted out of committee.
LB 709 – White (Business and Labor Committee hearing on 1-25-10) Adopt the Small Business Regulatory Flexibility Act
The Small Business Flexibility Act would create a new 9-member board to oversee regulations that might negatively impact small businesses. All regulations that might have an adverse economic impact on small businesses (500 or fewer employees or gross annual sales of less than $6 million) would be reviewed by the Small Business Review Board, and state agencies would be required to issue a public notice of any rule that might have an adverse economic impact on small business. (Watch and Monitor)
Bill failed to advance from first round of debate. Did not pass.
LB 729 – Lautenbach (Business and Labor Committee hearing on 1-25-10)
Repeals the Conveyance Safety Act, which takes it back to the Nebraska Amusement Ride Act. (Informational Only)
Bill was not voted out of committee.
LB 744 – Giese (General Affairs Committee) Provide for adoption of the National Electrical Code by the State Electrical Board
The bill states that the State Electrical Board will be governed by the most recent version of the National Electrical Code and any amendments to the code before January 1 of the year following the issuance and adoption of the code. At this time a given year’s version (2005) is actually stated in statute. (Informational Only)
Bill was not voted out of committee.
LB 780 – Lathrop (Business and Labor Committee) Change Nebraska Workers' Compensation Act provisions relating to personal injuries
This bill will allow first responders to emergencies to get “mental injuries” or mental illnesses from extraordinary work conditions to qualify for workers’ compensation. This is limited to the traditional first responders but if passed would open the door and set
precedent in expansion of WC coverage in this area. (We support Nebraska Chamber’s efforts)
Bill passed.
LB 799 – Krist (Urban Affairs) Change state and local building code provisions
This legislation would delete the use of the Uniform Code for Building Conservation and substitute the International Existing Building Code, 2009 Edition, published by the ICC to state building code. Also, the bill adds that the state building code shall be used in coordination with and subject to the Life Safety Code and the powers and duties of the State Fire Marshal. (Monitor)
Bill passed on 3-11 and signed by Governor on 3-17
LB 822 – Janssen (Judiciary Committee) Change provisions relating to construction liens
This bill adds items to the construction lien statues in place. A member requested this and James Overcash researched and drafted wording for the Chapter. After the legislative committee reviewed the language I took it to Sen. Janssen. The bill drafters used our suggested language. The bill will require claimant to send a copy of the recorded lien within ten days after recording to the party with whom the claimant contracted, the prime contractor, and the contracting owner. Failure to send this copy shall not void or nullify the lien. The claimant’s lien amount may be reduced by damages caused to the prime contractor or owner by any delays or failures. (Support)
Bill was note voted out of committee. Sen. Janssen did not prioritize the bill and did not want to loose control of the bill by making it an amendment onto theLB552.
LB 829 – Rogert (Business and Labor Committee) Change certain notice requirements under the Nebraska Workers' Compensation Act
This is a clean up bill to clarify the notice requirements of the Workers’ Compensation Act. Clarifies that under current law, exempt employers must provide notice to all unrelated employees, within 30 days of being hired, that they will not be compensated by workers’ compensation if they are injured on the job or suffer occupational diseases.
(We supported Nebraska Chamber’s efforts)
Bill was passed.
LB 838 – Lautenbaugh (Transportation and Telecommunications Committee) Require certain provisions in highway and bridge contracts and require contractor-identifying signage
This bill applies only to contractors doing roads, bridges and their appurtenances contracts with cities, villages or counties. It provides for the contracts to include incentives for early completion of project and disincentives provisions to be negotiated on a project-by-project basis. Also the contractor must post signage at a minimum of one sign per mile of construction zone identifying the contractor name and phone number in at least 4-inch print. Also, during construction lane closures must be kept to a minimum.
(Informational)
Bill was voted out of committee and was on general file. However, it was not prioritized by a Senator or Committee so was indefinitely postponed.
LB 884 – McGill (Business and Labor Committee) Require employers to provide employees with wage and deduction information as prescribed
Bill would require employers to provide employees with wage and deduction information as prescribed. An employer would be required to furnish an employee with an itemized
statement listing the wages earned and the deductions made from the wages for each pay period. The information would need to be provided within 10 working days of the request. Employees could bring legal action to ensure the employer complies and would be awarded “reasonable attorney’s fees” if an injunction is ordered. (Monitor)
Bill was passed. I really do not think there is anything required in this bill that all of you are not already doing. The Department of Labor will write the rules and regulations for this bill. I will keep you posted.
LB 925 – Conrad (Business and Labor Committee) Require employment of Nebraska laborers for public works projects during excessive unemployment
During periods of when the unemployment rate exceeds 5%, you must employ laborers that have lived in Nebraska for a minimum of 30 days and they plan to become residents if you do public works contracts. Public works means all fixed works, such as schools, highways, and bridges or anything constructed with public funds. This does not apply to regularly employed nonresident executives, supervisory or technical personnel……just laborers. The Department of Labor will enforce this if passed. (Oppose)
Bill was voted out of committee and prioritized by Sen. McGill. Bill failed to advance on first round of debate. It is done for the session.
LB 949 – Gloor and 26 other Senators Change provisions relating to state and local building codes
This bill deals with the Building Construction Act, the residential code portion. It adopts the International Residential Code, 2009 edition, EXCEPT section R313. The provision of the IRC shall apply to the townhouses not to exceed three stories above grade plane, and detached one-story and two-story family dwellings.
Also, no building codes in the state may include a requirement that fire sprinklers be installed in a townhouse or single family dwelling. However, they can require that a builder of such offer to a purchaser on or be entering into a contract price the option of purchasing fire sprinklers at the purchaser’s cost. (Monitor)
Bill was prioritized by Sen. Gloor. However, a compromise on the bill was never reached so the committee did not vote it out to general file. This means that exempting the fire sprinkler requirement for new construction will be a local code decision.
LB 961 Council and 20 other Senators Provide for economic development job training grants.
Basically changes who can partner together to deliver employee training programs to include postsecondary educational institutions, private nonprofit organizations, learning communities and school districts. Also, training grants can be provided for employers with fewer than 25 employees and those in high poverty areas. (Support)
Bill passed.
LB 977 – Mello Require new state buildings and renovations to comply with energy efficiency standards
Beginning 1-1-11 new state buildings greater than 5,000 sq. ft. or renovations involving more than 5,000 sq. ft. or costing more than 50% of the value of the building shall achieve LEED silver certification. If conflicts arise between LEED silver and the 2003 International Energy Code the more stringent standards will rule. This bill applies to state agencies, state colleges and the University of Nebraska. (Oppose)
Bill was amended from LEED silver standards to Energy Star Certification. Bill was indefinitely postponed.
LB 999- Campbell Provide a two-year moratorium on new hospital licenses
The department shall not accept an application or issue a license for a new hospital beginning on 9-1-10 through 8-31-12, except that this prohibition shall not apply to an application for a license as a critical access hospital. (Oppose)
We have reached a compromise with the Senator and the Hospital Association to change the two year moratorium to a one year moratorium. Bill did pass with the moratorium from May 1, 2010 to September 15, 2011. The moratorium is ONLY on new licenses for NON critical care hospitals.
LB 107- Haar - Require an employer to provide an employee a reason for termination (opposed) This bill was withdrawn before debate on 1-13-10.
Bill was on general file from last session. After first round of debate the bill was withdrawn.
LB 552- White - Adopt the Nebraska Construction Prompt Pay Act (support)
This bill is on select file as of 1-21-10. (Support)
Bill started the session on general file, was passed by legislature on 2-5-10, and signed by the Governor on 2-11-10. See executive summary in 3-25-10 E-Update. Please email any questions you have about this bill that goes into effect on contracts signed on October 1, 2010 and after. The folks at Woods and Aitken will be assisting in preparing a Q&A document.
LB 563-Lathrop - Adopt the Contractor Employee Classification Act. (Opposed in the original form) Bill is still in committee and an amendment is in the works.
Bill passed. This bill was one of the Business and Labor Committee’s two priority bills. The two adopted amendments certainly improved some of the nastiest parts of the original bill; however there is still a lot of administrative burden that stayed in the bill.
My biggest concern is in Sec. 11 of the bill. This section requires that when contracting with state or political subdivision the contractor must submit to the public entity an affidavit attesting that each individual performing services for the contractor is properly classified, that there is an I-9 on file for each person, and the contractor has no reasonable basis to believe that any individual performing services is an undocumented worker.
The Department of Labor will be writing the rules and regulations for this bill in the next few months. I am hoping to meet with Cathy Lang prior to the process to influence her to provide clarity to Section 11 so everyone is on the same page.
After the bill passes I will ask Woods & Aitken to prepare an executive summary of the bill. In the meantime if you have questions be sure to call the Chapter office.
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2010 Nebraska Congressional Delegation
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