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The Legislature completed Day 59 of this 60-day legislative session on Wednesday, April 13, when the remainder of the pending bills were read on Final Reading and sent to the governor. The governor has 5 days, excluding Sunday, to decide whether to sign or veto the legislation. Senators won’t meet for the last day until Wednesday, April 20, thereby allowing for the consideration of overriding any veto that might be made by the governor.
The Legislature passed LB 958 and LB 959, bills that were aimed at providing property tax relief. LB 958 increases the annual funding for the Property Tax Credit program by $20 million, with the additional funding distributed to agricultural landowners. This will be accomplished by valuing agricultural land at 90%, rather than 75%, of market value for purposes of calculating the property tax credit program. LB 959 eliminates the minimum levy adjustment which reduces state aid to districts with levies less than $0.95, removes the levy criteria from the averaging adjustment calculation and reduces the special levy school districts can use to address health, safety and accessibility problems in school buildings. This bill is projected to increase state aid to primarily rural school districts by $8.5 million.
Although these bills will provide for some property tax relief, I was disappointed that they didn’t go further. I will continue to work on the proposal to include a foundation aid component in the state aid formula. Foundation aid is a certain amount of funding per student, regardless of whether the school district qualifies for equalization funding. This would reduce the reliance on property taxes in the funding of our schools. An in-depth discussion of how this increase in state aid would be funded needs to take place. Additionally, there are some senators who are advocating for an income tax reduction, to make our state more competitive with surrounding states.
Also passed this past week was LB 960, which creates an infrastructure bank, funded by a $50 million transfer from the cash reserve fund and the commitment of $400 million in additional fuel tax revenue generated by the passage of LB 610 last year. This will allow the Department of Roads to accelerate work done on major highway projects, which could include finishing the expressway system. The funding will also be used for the repair and replacement of county bridges, as well as transportation improvements to attract and support economic development.
My priority bill, LB 744, received final approval from the Legislature. It will allow for the continuation of open adoptions in private and agency adoptions.
LB 886, which I co-sponsored, was also approved by lawmakers. It recognizes the contributions of our rural volunteer firefighters and rescue squad members by authorizing a $250 refundable income tax credit.
One bill that will not become law was LB 10, which proposed to return Nebraska to the winner-take-all system for the distribution of electoral votes in presidential elections. Another filibuster was initiated on Final Reading and this time the cloture motion to cut off debate fell one vote short, meaning that the bill is pulled from the agenda.
I encourage you to contact me as we complete this year’s legislative session. 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 budget bills were given second-round and final approval this past week. Governor Ricketts now has 5 days (excluding Sunday) to decide whether he’ll use his line-item veto authority to strike specific budget appropriations from the package. His vetoes are due to the Legislature by midnight on Wednesday, March 30. The budget passed by the Legislature did not differ markedly from what the governor recommended.
My priority bill, LB 744, received first-round approval this past week on a 42-0 vote. Under LB 744, open adoptions would be recognized in state statute, allowing for future communication or contact between birth parents and adoptive parents in private and agency adoptions. However, the law would make it clear that the failure to comply with such an agreement would not affect the validity of the adoption. A recent Nebraska Supreme Court decision stated that until the Legislature acts to approve of these open adoption arrangements in a private adoption context, they will not recognize them and will instead continue to hold that relinquishments signed with the promise of such an open adoption are invalid.
In order to help the birth mother as she makes this important decision, I offered an amendment to require independent legal counsel for the relinquishing parents from that of the adoptive parents, at the adoptive parents’ expense. The amendment also requires that free counseling be offered to the birth parents.
Due to this lawsuit, agencies and private attorneys may have advised against any type of open adoption because even the existence of a communication and contact agreement could prove problematic in the view of the court. LB 744 will allow open adoptions to continue in Nebraska and will assure the permanency of the adoption process.
LB 886, a bill that I co-sponsored with Senator Al Davis of Hyannis, has received initial approval from the Legislature. The legislation would provide a refundable income tax credit of $250 for volunteer emergency responders who meet certain criteria. The intent behind the bill is to recognize volunteers for the important service they provide to their local communities. It stemmed from an interim study that I introduced last year, which among other things, looked at incentives for recruiting and retaining volunteer firefighters, emergency responders and rescue squad members in our rural communities.
LB 1038, another bill given first-round approval, contains the language needed to implement the Niobrara River Memorandum of Understanding between the Nebraska Public Power District, the Niobrara NRDs and the Nebraska Game and Parks Commission. I have been involved in meetings preparing for this important legislation. After many years of legal battles and negotiation, these three political subdivisions reached an agreement on the transfer of the controlling water rights to the Niobrara River. The agreement will allow the NRDs and the Game and Parks Commission to jointly purchase and hold the water rights from the Spencer Hydroelectric generation facility and convert the rights to provide a protected instream flow for the Niobrara River. The agreement protects all existing uses of domestic, livestock, municipal, surface water irrigation and groundwater irrigation.
The Speaker of the Legislature informed senators that 33 priority bills are on General File (first stage of debate) and 15 priority bills are on Select File (second stage of debate), verifying that we have a great deal of work to do in our last 11 days of this session. We will be working into the evening on most days.
As we debate the final priority bills before us, 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 email@example.com and my telephone number is (402) 471-2733.