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Advancing the Arts as essential to Life & Learning for All Nebraskans

2019 Unicameral Ends its Session

The Nebraska Legislature wrapped up the first year of its biennium session on May 31. This was a successful session for the arts via several bills:

LB294 - Biennium Budget Appropriations: The Governor signed the state's budget bill, which contains the Nebraska Arts Council's budget, into law May 27.

LB298 - Nebraska Cultural Endowment Funding: The Governor also signed this bill into law on May 27. The bill includes funding for the Nebraska Cultural Endowment, making it possible to enhance the Endowment by $2 million over the next two years ($1 million public matching funds and $1 million private funds).

LB224 - Bond Financing Eligibility for Cultural Organizations: Senator Joni Albrecht successfully led the passage of this bill, authorizing the Nebraska Educational Finance Authority to assist cultural organization in seeking bond financing for capital projects. This allows arts organizations to spend less in financing for a capital project construction or renovation than a traditional construction/bridge loan. For more information about bond financing, contact Greg Johnson, Executive Director of the Nebraska Educational Finance Authority, (402) 390-2480, gjohnson@hayes-cpa.com.

LB422 - Art Therapist Licensing: Senator Sara Howard sponsored this bill to help remove the obstacles art therapists and potential clients face due to lack of licensure in the state. The bill had a successful hearing in February. This summer we are working on a review for licensure need with the state's Department of Health and Human Services.

LB203 - Change provisions of the Music Licensing Agency Act: This bill makes a minor change to this Act, adding “multi-family residential dwelling” as a location that music can be performed for the public. Senator Tom Briese helped lead this bill to successful passage.

Over the summer, we will be monitoring several interim studies that can impact artists, cultural entrepreneurs and organizations, or arts education. These studies are requested by senators to dive more deeply into an issue for possible future legislation. Studies we will be monitoring include (sponsoring Senator in parentheses):

Federal Update

CREATE Act Reintroduced to Support Artists and Creative Entrepreneurs

Senator Tom Udall (D-NM) and Representative Debbie Dingell (D-MI) reintroduced the Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy (CREATE) Act in both the U.S. Senate (S.650) and the House (H.R.1519). The CREATE Act aims to support artists and creative entrepreneurs by making minor adjustments to existing federal programs, including:

Expanding programs at the Small Business Administration (SBA) to increase microloans, business loans, and technical assistance for artists and entrepreneurs in the arts;
Ensuring access to FEMA's disaster relief assistance for artists impacted by natural disasters;
Requiring the Economic Development Administration (EDA) ensure that traditional economic development tools, such as incubators and grant programs, support the creative economy throughout the country;
Expanding the U.S. Department of Agriculture's Rural Development Administration to include arts-focused economic development;
Adding a new priority to the Housing & Community Development Act to include arts-based community development and creative placemaking;
Creating an Artist Corps to increase national service through the arts;
Improving the visa processing time for foreign guest artists and U.S. nonprofit arts organizations; and
Developing a model to promote the creative arts in local economic initiatives, such as cultural district planning.

CLICK HERE to learn more about the CREATE Act and how to get involed in joining the movement behind getting these bills passed.

CHARITY Act Reintroduced

A bipartisan group of senior Senators has reintroduced the Charities Helping Americans Regularly Throughout the Year (CHARITY) Act (S.1475). The bill would make four changes affecting nonprofits, including arts organizations:

Raise the current volunteer mileage rate, fixed at 14 cents/mile, to tie it to the medical and moving expense rate, which is regularly adjusted by Treasury and currently set at 20 cents/mile;
Require electronic filing of most Form 990s;
Expand the IRA charitable rollover to allow for distributions to donor-advised funds; and
Simplify the private foundation excise tax to a flat rate of 1%.

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