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The question of whether term limits should be extended was debated by lawmakers this past week. As introduced, Legislative Resolution 7 is a proposal for a constitutional amendment to increase term limit provisions, so that a state senator could serve two consecutive six-year terms, rather than two consecutive four-year terms. LR 7 CA was prioritized and advanced by the Executive Board with committee amendments. The committee amendments would instead allow a state senator to serve three consecutive four-year terms. After the committee amendments were filed, Senator Paul Schumacher, the sponsor of LR 7 CA, offered an amendment to change the resolution back to the introduced version.
Term limits were adopted through the initiative petition process in 2000, after three previous attempts were struck down by the courts. Since that time, measures to repeal term limits or to lengthen them have not been successful in the Legislature in 2003, 2005 and 2009. In 2012, a proposed constitutional amendment to increase term limit provisions to three consecutive four-year terms was passed by the Legislature, but was not approved by voters.
Proponents of the measure stress the importance of experience and institutional knowledge. They bring up the difficult learning curve faced by new senators, who are inundated with an abundance of information. With term limits, it has become more common for committee chairs to be selected after just two years of service, not giving much time to fully understand the issues associated with their committee subject matter. Opponents point out that the people have already spoken on this issue. They oppose trying again so soon after a similar attempt was defeated. They also welcome the more frequent turnover in service, saying that it is an opportunity to bring in new ideas.
Some senators supported the two consecutive six-year option because running twice instead of three times would lower the amount spent on campaigns. It also would allow senators to focus on their service rather than raising money for their campaign. Opponents feared that the second six-year term is too long without being accountable to voters. The Legislature adjourned for the week prior to taking a vote on the amendments or the advancement of the resolution.
LB 47, a bill that I introduced that was chosen as a speaker priority bill, was debated by the Legislature this week. It would make the question mandatory, rather than optional, asking applicants for driver’s licenses whether they wanted to place their name on the Donor Registry. The purpose is to increase the numbers of donors in Nebraska, which will in turn save more lives. Senator Ernie Chambers led the filibuster arguing that free-speech rights should not require a person to answer this question. I offered an amendment for a third choice, allowing applicants to answer “yes”, “no”, or “elect not to answer”. I felt this was a suitable compromise and would still keep the intent of the bill intact. Many senators spoke in support of the bill, mentioning how the transplant program has saved or bettered the lives of people they know. However, a small number of senators still remained opposed, signaling many more hours of debate. It is unknown at this time if the bill will be up again. Since it is a speaker priority bill, the speaker has the discretion to make this decision.
LB 538, which requires performance audits of tax incentive programs, received first-round approval this past week on a 37-0 vote. LB 538 was introduced by the Legislative Performance Audit Committee, of which I chair. The primary goal of the legislation is to produce information that will allow lawmakers to draw clear conclusions about how well tax incentives are benefiting Nebraska’s economy and meeting program goals.
If you have any opinions on these issues or other issues before the Legislature, I encourage you to contact me. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My email address is firstname.lastname@example.org and my telephone number is (402) 471-2733.
The Legislature is at the half-way mark of this 90-day session. This past week marked the priority bill designation deadline. Senators have the ability to designate one bill as their personal priority bill. Committees can designate two bills as committee priority bills and the Speaker of the Legislature is given the authority to designate up to 25 bills as speaker priority bills. After this point in the legislative session, generally only bills with priority status are debated by the Legislature.
I chose LB 106 as my priority bill. LB 106, the Livestock Operation Siting and Expansion Act, was recently advanced from the Government, Military and Veterans Affairs Committee. It directs the Nebraska Department of Agriculture, with advice from experts representing the Nebraska Association of County Officials, livestock production agriculture and the University of Nebraska, to develop an assessment matrix for use by county officials when determining whether to approve an application for a livestock operation siting permit. Nebraska’s agricultural industry has not grown in the past two decades at rates comparable to our neighboring states. LB 106 would provide for consistent standards, based on factual, objective criteria to be used by local governing bodies when granting permits, thereby allowing for more predictability and uniformity in the process.
As chair of the Performance Audit Committee, we chose LB 538 and LB 598 as committee priority bills. LB 538, introduced by the Performance Audit Committee, creates a process for ongoing evaluation of Nebraska’s tax incentive programs, in order to give legislators information to draw clear conclusions about whether tax incentives are benefitting Nebraska’s economy and meeting program goals. LB 538 requires the Legislative Audit Office to conduct a performance audit of each tax incentive program at least every three years.
LB 598, introduced by Senator Paul Schumacher, addresses the use of segregation in our prisons. Rules would be developed to guide the level of confinement, conditions, behavior, and mental health status of inmates. The legislation contains recommendations from an interim study conducted by the Department of Correctional Services Special Investigative Committee of the Legislature, which incorporated results from an audit conducted by the Performance Audit Committee.
Other bills designated as priority bills by individual senators include:
LB 350, introduced and prioritized by Senator Lydia Brasch, reduces the valuation of agricultural land for purposes of property taxation from 75% to 65%. As of this time, LB 350 has failed to advance from the Revenue Committee.
Another bill that was prioritized but has not advanced from the Revenue Committee was LB 357, introduced by Senator Jim Smith. It proposes to reduce the individual and corporate income tax rates and increase the amount of funding to the Property Tax Credit program. The tax relief would be funded through transfers from the cash reserve and reductions in spending.
LB 586 prohibits discrimination based upon sexual orientation and gender identity. This bill was introduced by Senator Adam Morfeld and designated as a priority by Senator Patty Pansing Brooks.
LB 610 was introduced by Senator Jim Smith and prioritized by Senator Curt Friesen. It would increase the gas tax by 1.5 cents every year for four years, with revenue being used by cities, counties and the state for road and bridge projects.
LB 643 proposes to legalize marijuana for medical use. It was introduced and prioritized by Senator Tommy Garrett.
Among the bills designated as priorities by committees include:
LB 259, which as amended by committee amendments, would exempt the first $15,000 worth of personal property value for each personal property tax return. This bill was designated as a priority by the Revenue Committee. Although this will provide some property tax relief, many senators were disappointed that the committee did not offer a more comprehensive solution.
LB 472 was prioritized by the Health and Human Services Committee. It is Senator Kathy Campbell’s third attempt at Medicaid expansion, which was ruled optional for states after the Affordable Care Act was challenged in court.
If you have any comments on the bills that have been given priority status, I encourage you to contact me. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My telephone number is (402) 471-2733 and my email address is email@example.com.
The Legislative Performance Audit Act was established in statute by LB 607 in 2003. It replaced the Legislative Program Evaluation Act. A performance audit is an objective and systematic examination of evidence for the purpose of providing an independent assessment of the performance of a government program. These audits assess how well a state program is functioning and provide answers to the following questions. Is the program doing what the Legislature intended it to do? Is the agency administering the program meeting statutory and regulatory requirements? Is the agency running the program effectively and efficiently?
The purpose of the Act is to provide for a system of performance audits to be conducted by the Legislative Audit Office, under the direction of the Legislative Auditor. The Legislative Performance Audit Committee is responsible for overseeing the state’s performance audit process. The committee is made up of seven senators. In January, I was selected to serve as chair of the committee.
This year, the committee adopted three new areas to work on. The first concerns issues relating to the current functioning of the behavioral health system in Nebraska. Committee members are interested in where there may be gaps in behavioral health services across the state. The second is an audit of agency regulations that may be adopted outside of the Administrative Procedure Act, which means the public and other stakeholders do not have the opportunity to comment on the proposed regulations. The final area is the utilization of the long-term care insurance and tax credit to find out if these tools are increasing the number of people who set money aside for long-term care.
The Performance Audit Committee is authorized to introduce legislation. By rule, the committee is granted the authority to designate two priority bills, resulting from a performance audit or involving the performance audit process.
LB 538 was introduced by the Performance Audit Committee this year. The public hearing was held earlier this week before the Revenue Committee.
LB 538 seeks to implement the recommendations of the Tax Incentive Evaluation Committee adopted during the 2014 LR 444 interim study. The interim study was introduced in response to a 2013 performance audit that found the goals of Nebraska’s tax incentive programs were too broad to permit meaningful program evaluation. The Tax Incentive Evaluation Committee was made up of the Performance Audit Committee, as well as the chairman and vice-chairman of the Revenue Committee, and one senator appointed by the Executive Board. Evaluation experts from the Pew Charitable Trusts worked with the committee to help craft recommendations for a tax incentive performance audit process tailored to Nebraska’s needs.
LB 538 creates a process for ongoing evaluation of Nebraska’s existing and future tax incentive programs enacted for the purpose of recruitment or retention of businesses in Nebraska. The bill creates an evaluation structure that will produce information needed for lawmakers to draw clear conclusions about whether tax incentives are benefitting Nebraska’s economy and meeting program goals. LB 538 requires the Legislative Audit Office to conduct a performance audit of each tax incentive program at least every three years, to evaluate whether the goals established by the Legislature are being met.
Additionally, legislative performance auditors will analyze the economic and fiscal impacts of the tax incentive programs taking into account effects on businesses and state and local governments, economic development strategies, and the specific emphasis of individual programs.
Over the years, there has been much discussion as to whether our tax incentives serve as a good investment for our state. One of the missing factors in the discussion is a means to evaluate our tax incentives. LB 538 seeks to provide the necessary information.
If you have any questions on LB 538, the Performance Audit Committee, or on any other issues before the Legislature, I encourage you to contact me with your thoughts and opinions. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My email address is firstname.lastname@example.org and my telephone number is (402) 471-2733.