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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.
February 19th marked the deadline for priority bill designations. Every senator is allowed to designate one bill as their personal priority bill. Committees are allowed to designate two bills and the Speaker of the Legislature is allowed to designate up to 25 bills as speaker priority bills. Typically, after the deadline date, bills that have not been designated as priorities do not stand a good chance of being debated, unless they are non-controversial and are chosen for consent calendar.
I chose LB 744 as my priority bill. It recognizes communication and contact agreements to permit continuing communication and contact after the placement of an adoptee between the birth parents and the adoptive parents in private and agency adoptions. However, the law would make it clear that the existence of, or the failure to comply with such agreements, does not affect the adoption decree, the relinquishment of parental rights, or the written consent to adoption.
Senator Lydia Brasch chose LB 960, introduced by Senator Jim Smith, at the request of the Governor, as her priority bill. LB 960, the Transportation Innovation Act, would create three new programs funded by transfers of up to $150 million from the Cash Reserve Fund to the Transportation Infrastructure Bank Fund by June 30, 2023 and pledges up to $150 million of state motor fuel taxes collected during the same time period. A major purpose of the Accelerated State Highway Capital Improvement Program is to fast-track the completion of the expressway system. The County Bridge Match Program is proposed to promote innovative solutions and additional funding to accelerate the repair and replacement of county bridges. The goal behind the Economic Opportunity Program is to finance transportation improvements to attract and support new businesses and business expansions.
Senator Ernie Chambers picked LB 1056, the Patient Choice at End of Life Act. This legislation would allow an adult with a terminal illness to request a prescription for aid-in-dying medication. Senator Tommy Garrett has chosen LB 643, which would allow for the use of marijuana for medical treatment. Senator Mike Gloor selected LB 1013, which proposes to increase the tax on cigarettes from $0.64 to $2.14 per package.
Senator Laura Ebke has designated LR 35, which calls for Nebraska to join other states in passing an application calling for an interstate convention for the purpose of proposing amendments to the U.S. Constitution. The scope of the convention is to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress. The convention will only occur after 34 states pass the same application. In order for a valid amendment to emerge from the convention, it needs a simple majority vote. However, it still must be ratified by the legislatures of 38 states before becoming part of the U.S. Constitution.
Senator Mike Groene selected LB 717, which would change the way that land is assessed for property tax purposes, using a 5-year history of comparable sales, rather than the current 3-year history for agricultural and commercial property and two years for residential property. It would exclude the sales that constitute the lowest 20% of assessment ratios, thereby removing abnormal sales and smoothing out the spikes in valuation. It would also freeze 2016 valuations at the 2015 level of assessment.
Senator Jim Scheer picked LB 883 as his priority. This bill, which I have mentioned several times in past newsletters, proposes to add a student foundation aid component to the school finance formula. It would provide a base level of funding to all public school districts, regardless of whether they qualify for equalization aid.
Senator John Kuehn prioritized LR 378, a constitutional amendment introduced in an effort to protect agriculture as a vital sector of Nebraska’s economy by guaranteeing the rights of Nebraskans to engage in farming and ranching practices. It is meant to protect Nebraska farms from out-of-state extremist animal rights and environmental groups that target Nebraska agriculture.
The Revenue Committee chose LB 958 and the Education Committee selected LB 959 as committee priority bills. These two bills, introduced at the request of the Governor, aim to slow the increase in statewide agricultural land valuation, slow the growth of property taxes levied by the political subdivisions, and slow the growth of spending by schools.
The Health and Human Services Committee selected LB 1032 as one of their committee priority bills. LB 1032, which would adopt the Transitional Health Insurance Program Act, is the fourth attempt at Medicaid Expansion under the federal Affordable Care Act. Even with the federal government picking up 90% of the cost, the Department of Health and Human Services has estimated that over a 10-year period, it could cost our state almost $1 billion to pay for health insurance for this expanded population.
These are just a few of the bills that have been designated as priorities, but portray the controversial issues that have been selected. Senators are set to begin all day debate the first full week in March. I can foresee that we will be working into the evening on many nights prior to our scheduled last day on April 20.
I have heard from constituents who have received telephone calls from organizations asking them to call their senator either in support or against a certain issue. Sometimes these robo calls may give you incorrect information. You may need to ask some questions or do some research in order to get the full story.
As we get into discussion of priority bills, I encourage you to inform me of your opinions. Only with your input, can I thoroughly represent my district. 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 Legislature gave first-round approval this past week to a bill that overhauls the juvenile justice system in our state. The intent of LB 561, introduced by Senator Brad Ashford of Omaha, and prioritized by the Judiciary Committee, is to keep more kids out of the judicial system and in effective and appropriate community-based services.
Pre-trial diversion programs hold youth accountable, provide restitution to victims, and link youth and their families with appropriate services. LB 561 would establish a position within the Crime Commission to assist in the creation and maintenance of juvenile pre-trial diversion programs in counties across the state. Funding would be appropriated for the development of community-based care.
Under LB 561, as amended, the number of juveniles sent to the Youth Rehabilitation and Treatment Centers (YRTC) in Kearney and Geneva would be limited to the most severe cases for the protection of the individual or the public. The original version of the bill called for the closure of the facilities. Furthermore, a process would be created for juveniles leaving a YRTC to help youth more effectively reenter their communities with the involvement of their families.
LB 561 shifts responsibility for juvenile offenders from the Office of Juvenile Services within the Department of Health and Human Services to the Office of Probation Administration statewide. Probation officers have already assumed responsibility for offenders in Douglas County and the North Platte and Scottsbluff areas, through a successful pilot project.
Senators also debated tax incentives for wind energy this past week. As amended, LB 104, introduced and prioritized by Omaha Senator Steve Lathrop, amends the definition of “qualified business” for Tiers 2 through 5 of the Nebraska Advantage Act, to include businesses engaged in the production of electricity by using one or more sources of renewable energy to produce electricity for sale. This definition would include wind, solar, geothermal, and hydroelectric energy.
LB 104 was introduced in an effort to encourage the development of renewable energy. It specifically attempts to attract a Kansas company who has expressed interest in building a $300 million wind farm in northeast Nebraska. Nebraska ranks 4th in wind energy potential but lags behind other states in the development of wind farms. LB 104 provides for a refund of the sales tax paid on machinery and equipment at the project location, which will make us competitive with neighboring states regarding wind development. LB 104 was given initial approval on a 30-0 vote.
The formula that distributes state aid to K-12 school districts is a highly controversial issue. State aid to K-12 schools is the largest single recipient of state funds within the budget. The current formula would have resulted in an approximate 11% increase, which is unsustainable considering the other responsibilities of the state. The Education Committee worked on adjustments to the formula, bringing it down to an average increase of about 5% each year of the biennium, which approximates the growth in state revenues.
As debate began on LB 407, the larger districts argued that additional state aid should focus on the schools where most of the state’s students attend, whereas smaller schools feel that they should be awarded a greater portion, as they cannot offer the broad curriculum enjoyed by the larger schools. After it became apparent that there was no agreement on the amendments offered by the Education Committee, the bill was pulled from the agenda. Three days later, after a compromise was reached granting concessions to both the larger and smaller school districts, LB 407 received first-round approval on a 42-0 vote.
A major concern that I have with the present state aid formula is the number of school districts that no longer qualify for equalization aid. Of the 249 school districts, it is projected that 114 districts will receive no equalization aid, although they still receive some state aid, such as income tax rebates and net option funding. As valuations continue to increase, especially for rural landowners, the burden of funding rural schools is falling primarily on our agriculture sector.
Senators have begun to work into the evening most nights of the week. As we debate many issues affecting the citizens of the state, 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 e-mail address is firstname.lastname@example.org and my telephone number at the Capitol is (402) 471-2733.