NEBRASKA LEGISLATURE
The official site of the Nebraska Unicameral Legislature

Sen. Dan Watermeier

Sen. Dan Watermeier

District 1

The content of these pages is developed and maintained by, and is the sole responsibility of, the individual senator's office and may not reflect the views of the Nebraska Legislature. Questions and comments about the content should be directed to the senator's office at dwatermeier@leg.ne.gov

Legislative Update

February 28th, 2014

As vice-chair of the Legislative Performance Audit Committee, I introduced LB 836 this past week before the Revenue Committee. LB 836 proposes to add basic goal language to certain tax incentive programs, such as the Nebraska Advantage Act and the Angel Investment Tax Credit Act, that currently have limited or no goal language.

Of the tax incentive programs, the Nebraska Advantage Act has the largest impact on the state budget. This act provides benefits to companies that invest or create jobs in Nebraska.

Last year, the Performance Audit Committee, working with the Pew Center for the States, issued three reports on tax incentives. The committee found that an absence of clear, measurable goals for each tax incentive program made it difficult to assess whether the program is doing what the Legislature intended it to do.

The Pew Center recommended a process for legislators to follow in improving the evaluation of the state’s tax incentive programs, which included the development of goals, metrics, and benchmarks. LB 836 represents a first step in increasing accountability and improving the state’s evaluation of tax incentive programs. The Performance Audit Committee has designated LB 836 as its committee priority bill, assuring that it will be debated by the Legislature, if it advances from the Revenue Committee.

The Performance Audit Committee also introduced LR 444, which proposes to create a committee to develop an ongoing, regular review of tax incentive programs. The intent is to introduce legislation containing additional recommendations next year.

The Appropriations Committee has made some preliminary recommendations for the mid-biennium budget adjustments that must be presented to the Legislature by the 40th legislative day, which falls on March 10th this year. Included in their preliminary recommendations, is a $15 million transfer from the Cash Reserve Fund and a one-time $2.5 million transfer from the State Recreation Road Fund for State Park deferred maintenance and improvements statewide. The Game and Parks Commission has indicated that this level of funding would allow them to undertake capital projects at Ponca State Park, as identified in LB 874, and allow for priority capital projects at Arbor Lodge State Historical Park, in order to place existing facilities in a condition that would be conducive to transferring operating and management to a local partner, as identified in LB 1033.

I introduced LB 1033 to allow for the transfer of the operation and management of Arbor Lodge State Historical Park from the state to a local partnership. I believe a local partnership will be in a position to promote more utilization and offer greater stability of this important landmark in southeast Nebraska. I am grateful to the Appropriations Committee members for including this provision in their preliminary recommendations.

As the Legislature begins full-day debate, focusing on bills that have been designated as priority bills, I encourage you to contact me with your thoughts and opinions on the various issues. I can be reached at District #1, P.O. Box 94606, State Capitol, Lincoln, NE 68509. My email address is dwatermeier@leg.ne.gov and my telephone number is (402 471-2733.

February 7th, 2014

Public hearings were held on five of the bills that I introduced this past week. I also introduced two more bills on behalf of the Legislative Performance Audit Committee, of which I serve as vice-chair.

The public hearing for LB 1033 was held before the Appropriations Committee. The legislation seeks $2.1 million in appropriations for Arbor Lodge State Historical Park. The funding would be used for deferred repairs and maintenance projects, and to bring the facility up to ADA standards. The intent is to transfer the operation and maintenance of the park from the state to a local partnership comprised of state and local entities. The appropriation would cover the projects the local partnership felt was necessary to make the transfer feasible. The current temporary closure of the park reiterated the need for a permanent solution.

Even though the hearing was held in the middle of a snowstorm, numerous supporters from the Nebraska City area made the trip to Lincoln to show their strong support and commitment to this project. The expertise, dedication, and enthusiasm expressed by representatives of the partnership will allow for innovation and greater utilization of the facility. Nebraska is the home of Arbor Day, a holiday now celebrated in every state, as well as many countries throughout the world. Arbor Lodge, the home of J. Sterling Morton who was the founder of Arbor Day, has great historic significance to our local area and beyond. It is our responsibility to make sure this site is preserved, well-maintained, and accessible to the public in future years.

The public hearing for LB 850 was held before the Revenue Committee. It proposes to expand the homestead exemption program to individuals with a developmental disability. Currently, the program is available to persons over 65, persons with certain permanent physical disabilities and disabled veterans. I believe that persons with developmental disabilities, who meet the income and valuation guidelines, are also deserving of and should qualify for this property tax relief program. By living in their own home, rather than a group home, not only does it allow them more independence, it also could reduce expenditures for the state. Two individuals who could qualify under LB 850 for the homestead exemption came to Lincoln to testify in front of the committee and did an excellent job.

Since the Department of Health and Human Services does not keep statistics on the number of individuals with developmental disabilities that own their own home, the executive director of Region V Services conducted a poll among providers across the state. He estimated that approximately 46 people might qualify for the homestead exemption. Of those 46, Region V supports 22 people who own their own homes, many of whom live in the Auburn area. The Department of Revenue, however, estimated that more than 400 persons would qualify under LB 850, greatly increasing the fiscal impact of the bill. The department based their estimate on research done by the University of Colorado.

LB 898, which was introduced by the Performance Audit Committee, and heard before the Health and Human Services Committee, proposes to codify reporting requirements for ACCESSNebraska in statute. In a recent performance audit of ACCESSNebraska, we identified several serious problems reflected in key efficiency measures, including call wait times, busy signals, and the backlog of work duties. The new reporting requirements will allow HHS and the Legislature to better target areas where problems are occurring.

The Legislature gave first-round approval this past week to LB 725, which deals with the state aid formula to K-12 school districts. The local effort rate in the formula was set to decrease for the 2015-16 school year, after it had been increased during the recession years. A reduction in the local effort rate increases the amount of state aid provided to school districts because the formula assumes a district has decreased resources. When next year’s formula was calculated, it ran lower than budgeted, primarily due to increased agricultural land valuations. Therefore, LB 725 proposes to move the decrease in the local effort rate up a year. Since most of the school districts that I represent have a good portion of agricultural land within their boundaries, many are experiencing losses in state aid next year. Without LB 725, the reductions would have been even greater.

If you have any comments on these bills or others before the Legislature, I encourage your input. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My email address is dwatermeier@leg.ne.gov and my telephone number is (402) 471-2733.

Legislative Update

January 24th, 2014

Four hundred and sixty bills and six constitutional amendments were introduced during the 10-day introduction period for this legislative session. I introduced seven bills, some on behalf of constituents and some at the request of various organizations.

I introduced LB 711 at the request of the Department of Health and Human Services. When meth labs are discovered by law enforcement, the owner of the property cannot permit someone to live there until rehabilitation has been completed. An owner that violates this prohibition may be subject to a civil penalty up to $1,000. Legal advice suggested the need for due process prior to assessing the fine. LB 711 would allow an owner to request an administrative hearing to dispute a mistake in ownership or errors in the determination that the property was the site of a meth lab or that the property needs rehabilitation. The public hearing was held on LB 711 this past week. Dr. Joe Acierno, the Chief Medical Officer for DHHS, and Kay Oestmann, the director at Southeast District Health Department, testified in support of the bill.

LB 810 would prohibit local ordinances that interfere with the rights of lenders with respect to real estate loans and servicing rights. Such laws could still be imposed by the state or federal government.

Under LB 850, persons with developmental disabilities would be eligible for a homestead exemption, if they meet specified income limits and homestead value requirements. Currently, only persons over age 65, disabled veterans and their widow(er), and persons with certain permanent physical disabilities qualify for the property tax relief program.

LB 881 would amend our current pursuit law, which was enacted to protect an innocent bystander who gets hurt as a result of a police pursuit. Nebraska is the only state that imposes liability on the law enforcement agency regardless of whether the law enforcement agency was negligent in its pursuit and even when the driver being pursued causes the injury to the “innocent third party”. Although attempts to repeal this strict liability law have not been successful, the Legislature has never defined “innocent third party”, which would help limit liability in certain situations. Following a recent Nebraska Supreme Court case which found a passenger in a fleeing vehicle, who was violating the open container law and was found with meth on him, to be an “innocent third party”, one of the justices issued a separate opinion containing suggestions for the Legislature. Under LB 881, a passenger in a fleeing vehicle would not be considered an “innocent third party” for such things as entering the vehicle knowing that the driver is under the influence, if they are sought to be apprehended by law enforcement or if they are engaged in any illegal activity which would itself result in arrest.

LB 930 deals with the One-Call Notification System Act. It would require a representative of the operator to be present whenever an excavation is performed within 25 feet of an underground natural gas transmission line or other critical facility, unless otherwise agreed upon by both the operator and the excavator.

The Game and Parks Commission currently has a significant backlog of deferred maintenance projects and consequently decided to temporarily close some facilities in order to reassign staff to work on projects. Arbor Lodge State Historical Park in Nebraska City was on the list for temporary closure. In order to prevent this from happening again in future years, the Friends of Arbor Lodge Foundation, along with the City of Nebraska City, Nebraska City Tourism and Commerce, the Arbor Day Foundation and the Nebraska State Historical Society have worked on a plan to transfer operating responsibility from the state to the community partnership. In order to make the transfer feasible, $2.1 million of deferred maintenance projects at Arbor Lodge need to be completed first. I introduced LB 1033 to appropriate the money necessary for the maintenance projects at Arbor Lodge State Historical Park.

I introduced LB 1104 to allow a facility with a Y liquor license, which is granted to farm wineries, to also attain a retail liquor license. The development of farm wineries in the state have been important for economic development and the promotion of Nebraska products.

If you have any comments on the bills that I introduced or were introduced by other senators, I welcome your input. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My email address is dwatermeier@leg.ne.gov and my telephone number is (402) 471-2733.

Sen. Dan Watermeier

District 1
Room #2000
P.O. Box 94604
Lincoln, NE 68509
Phone: (402) 471-2733
Email: dwatermeier@leg.ne.gov
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