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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.
I introduced two bills before the Government, Military and Veterans Affairs Committee this past week. The first bill deals with unfunded mandates placed on several counties across the state. An interim study was conducted last year looking at the impact of unfunded and underfunded mandates on counties. As a result, a list of possible state action items was identified. One of the items was the basis for LB 105.
Currently, counties are financially responsible for the costs of an autopsy, grand jury payments and witness compensation when there is a death of an incarcerated person. LB 105 seeks to transfer these costs from the county to the state, if the inmate died while serving a sentence in a state correctional institution. I agreed to offer this legislation because I represent Johnson County, where Tecumseh State Correctional Institution (TSCI) is located. Since TSCI opened at the end of 2001, Johnson County has incurred more than $150,000 in expenses, consisting of grand jury fees, witness fees, coroner tests, as well as district and county court filing fees. LB 105 would help with approximately half of these expenses, which are difficult for a smaller county to handle.
The Johnson County attorney researched the deaths that have occurred since TSCI opened and none of the inmates who have died at TSCI were sentenced in Johnson County. It seems logical to require a county to pay the expenses if an inmate dies while in a sheriff’s custody, but it does not seem fair to require the county to pay for autopsies and grand jury hearings on state prisoners that die in a state facility that happens to be in a certain county.
Recent research has shown that unfunded mandates from the state account for at least 8% of local government’s budgets. LB 105 is one small step towards resolving the broader property tax problem in Nebraska.
The other bill I introduced, LB 106, creates the Livestock Operation Siting and Expansion Act. The legislation directs the Nebraska Department of Agriculture to develop an assessment matrix, for use by county officials when determining whether to approve an application for a livestock operation siting permit. Such matrices are already being used in two counties in northeast Nebraska. The matrix would be used to evaluate operations on factors such as odor control practices, manure storage and application practices, proximity to neighboring residences, community support, and economic impact to the community. The matrix would be based on scientific information and the department would set a minimum threshold for approval.
A county may enact a requirement that in areas zoned for agricultural use, a person must obtain a permit from the county planning commission or county board for a new livestock operation or for the expansion of an existing livestock operation if over specified size thresholds contained in the legislation. The county may deny a permit if the site is not zoned for agricultural use only, if the operation will exceed the size thresholds but does not meet the minimum score required under the matrix, or if necessary to protect health, safety and welfare. If a permit is denied, the applicant may appeal the decision by requesting a review by the Livestock Operation Siting Review Board, which is created under the legislation. Such board would uphold a county decision unless the board determines the decision by the county was unreasonable, arbitrary or an abuse of discretion.
A recent report from UNL highlighted the important role that the livestock industry plays in our state’s economy. However, the industry has not grown at rates comparable to our neighboring states. The report cited numerous policies and issues that have constrained potential development, such as local permitting processes, nuisance rules and lawsuits, and concerns from interest groups.
LB 106 attempts to address the constraints and to promote the development of the livestock industry in Nebraska by providing for consistent standards, based on factual objective criteria, to be used by local governing bodies when granting permits.
If you have comments on either of these bills or other legislation 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 telephone number is (402) 471-2733 and my email address is firstname.lastname@example.org.