On February 24 we concluded public hearings for bills introduced this session.  A bill I introduced, LB 1110, had a public hearing before the Health and Human Services Committee on February 23.  I introduced this bill because of delays and unmet housing needs after a natural disaster, which came to my attention after the Missouri River flooding.  Many flood victims were unable to afford a forced move.  LB 1110 would provide for temporary and permanent housing assistance in the event of a natural disaster through subaccounts of the Affordable Housing Trust Fund and Homeless Shelter Assistance Trust Fund.  The proposal establishes an application process for housing assistance.  I addressed questions of duplication between the state and recipients of federal assistance through discussions with the Federal Emergency Management Agency (FEMA), and through collaborative efforts, having such a program  can be beneficial and duplication can be avoided.  Often, federal assistance is denied or not available, an extended period of time may pass where housing becomes an urgent need, and in other instances, insurance and assistance do not go far enough for essential repairs.  We must be preemptive and responsive when housing needs arises due to a natural disaster.  Nebraska Housing Developers Association opposed LB 1110, and the bill remains in the Health and Human Services
Committee.

Revenue Committee hearings included testimony on significant and complex proposals affecting tax policy.  On February 22, Senator Avery brought LB 753, excluding soft drinks from the sales tax exemption on food and directing revenue to new funds addressing obesity.  Also before the committee, LB 888, introduced by Senator Cornett, would adopt the Historic Property Restoration and Reuse Act, providing a 25% credit against state income tax for developers who rehabilitate and place into service historically significant properties.  Testimony was also heard on LB 1114, introduced by Speaker Flood, to change provisions of the Municipal Equalization Fund (MEF) by eliminating the 3% administrative fee for the collection of sales and use tax; MEF would apply only to second class cities and villages.  All proposals remain in committee.

The remainder of the session we will have all day debate.  This past week we debated my priority bill, LB 830, introduced by Senator Hadley.  As I explained last week, LB 830 provides a sales and use tax exemption for biochips, recognizing biochips as an agriculture input, which it was considered to be, until a Revenue Dept. ruling in 2010.  The bill directly impacts a Nebraska-based company; I believe we need to work on retaining, expanding, and recruiting businesses to complement our ag economy.  Support was expressed for the company and the bill, but senators were anxious to hear the revenue forecast before a final vote.  LB 830 advanced to Select File.

LB 882, introduced by Senator Nordquist, to require insurance coverage of oral cancer treatments was debated on General File on February 24.  We debated potential escalated costs and the need for treatment options in pill form, particularly if that’s the patient’s preferred treatment, so citizens are not hindered by cost.  LB 882 advanced to the second round of debate.

Regarding the revenue forecast, the Nebraska Forecasting Advisory Board met on February 24 and projected we are holding steady with an unchanged budget forecast from last October, which estimates additional revenue of nearly $52 million by the end of this fiscal year, June 30, and $62 million in the following fiscal year.  With these projections in mind, bills with additional expenses will be further scrutinized, and we will focus on setting a sound and conservative budget.

Visitors to the Capitol included District 16 residents representing the Nebraska Nurse Practitioners, Nebraska Rural Communities School Association, Nebraska Corn Growers Association, and Nebraska Chiropractic Physicians Association.  Thanks to all who visited, e-mailed, and called about legislation.

Please join me for coffee on Friday, March 2^nd at the Wisner Care Center at 1:45 p.m. and Saturday, March 3^rd at The Country Pub in Bancroft at 9:30 a.m. More events will take place in our district in the coming weeks.

Serving you in the Nebraska Legislature to keep the good life growing,

Senator Lydia Brasch, District 16

This past week in the Legislature we debated LB 540, introduced by Senator Campbell, requiring the state to apply for federal funds to extend Medicaid benefits for family planning services when earned income is at or below 185% of the poverty level.  An amendment I supported was offered by Senator Fulton, it prohibits these funds going to an entity that promotes or conducts abortions.  After lengthy debate on the amendment and the bill, it was adopted.  As amended, LB 540 advanced to the second round of debate.

Another bill debated on General File, LB 190, introduced by Senator Council, could have impacted a portion of District 16 residents in Washington County.  Metropolitan utilities district board members are elected at-large, but LB 190 would require members to be elected by districts.  Discussion centered on whether or not citizens are better served as a whole by at-large members or by district  representation within a specific geographic area.  Ultimately, LB 190 did not receive the 25 votes necessary to advance to Select File.

We began designating priority bills and took up debate on the first senator priority bill this session, LB 1118, introduced by Senator Cornett and prioritized by Senator Hadley.  This bill went before our Revenue Committee and amends the Nebraska Advantage Act, adding incentives specifically for large data centers.  To qualify for incentives as a large data center project, the investment must be $300 million and at least 30 new employees must be hired.  This bill is considered beneficial statewide as technology grows and plays a large role in our lives making data storage essential.  Communities of North Platte, Kearney, Fremont, and South Sioux City were mentioned as future sites considered “pad ready” where a prospective large data center can more readily begin operations. LB 1118 advanced to Select File.

General Affairs Committee hearings included LB 1130, introduced by Senator Coash, authorizing local governments to designate entertainment districts through a licensing process.  An alcohol drink may leave an establishment and be consumed within licensed common areas. Such entertainment districts  were likened to that in Kansas City.  No action has been taken.

On February 7, the Agriculture Committee heard testimony on LB 905 and LB 1057, both introduced by Senator Carlson, to increase the wheat and corn checkoff funds, respectively.  LB 905 changes the current excise tax levy of 1.25 cents per bushel of wheat to 0.5 percent of the net market value of wheat sold through commercial channels in Nebraska. The board could increase the excise tax by 0.75 percent of net market value.  LB 1057 would allow Nebraska Corn Board to levy a fee up to one cent per bushel.  Both LB 905 and LB 1057 authorize the Boards to receive non-checkoff revenue, such as gifts or grants.  These bills remain in committee.

In our Revenue Committee, we heard testimony on various taxes and proposals intended to provide tax relief.  LB 976, introduced by Senator Nordquist exempts social security benefits from the state income tax.  LB 977, introduced by Senator Mello, proposes to provide property tax relief through a homestead exemption.  Senator Heidemann introduced LB 1061, which reduces the valuation of agricultural and horticultural land for school district taxation purposes by 2% per year for five years with the objective of reducing reliance on ag land for funding schools.  Inheritance tax was again the subject in LB 1102, introduced by Senator Wightman, providing for reduced tax rates over a period of time, rather than an entire immediate elimination as in LB 970.  All
these bills remain in the Revenue Committee.  Questions of tax policy weigh heavy as we work to balance the taxes necessary for government to fulfill its responsibilities and reduce the tax burden on our citizens.

Next week I will submit and share with you my priority bills and explain their importance.

As always, I appreciate hearing from you.  I can be reached at lbrasch@leg.ne.gov or (402) 471-2728.

Serving you in the Nebraska Legislature to keep the good life growing,

Senator Lydia Brasch, District 16

Two bills I introduced had public hearings before the Transportation and Telecommunications Committee on January 30. At the request of District 16 constituents, I introduced a bill allowing golf carts on local streets as is allowed in almost all other states. More specifically, LB 930 allows cities and villages to adopt an ordinance authorizing the use of golf car vehicles. Residents in Oakland signed a petition in 2010 to do so and Tekamah residents of Northridge Country Club want to ensure that they can continue to use their golf carts on and around the course as they did prior to their annexation. Written testimony was submitted by Oakland residents, and President of the Northridge Country Club from Tekamah spoke in support of LB 930. We heard about the importance of this legislation for those using golf carts on the course and the intersecting city streets, such as at Northridge Country Club. The Nebraska Golf Alliance and Masek Golf Car Company in Gering also supported LB 930, and there was no opposition testimony.

Working with Blair Public Schools Transportation Director and Washington County Deputy Sheriff, I introduced LB 1039 to increase the penalty for drivers violating school bus stop laws. Drivers may be distracted, not familiar enough with the laws, or may completely disregard laws, all of which pose a serious risk for children loading and unloading a school bus. We heard testimony about the widespread problem of school bus violations and the need to further educate in addition to increasing penalties. Currently, a driver in violation is guilty of a Class IV misdemeanor, which is a minimum fine of $100 and a maximum of $500. LB 1039 mandates a $500 fine. I believe the hearing brought much-needed attention to this important safety issue. The Transportation and Telecommunications Committee has not taken action on LB 930 or LB 1039 at this time.

During the General Affairs Committee public hearings, we heard testimony on expanding gambling. LR 375CA, introduced by Senator Schumacher, is a constitutional amendment, requiring a vote of the people if advanced, to allow the Legislature to authorize casino gambling. LB 1067, introduced by Senator Karpisek, would shorten the wait time between keno games. District 16 resident, Dave Wimmer, testified in opposition to LB 1067, and LR 375CA received opposition testimony only. I am not supportive of making it easier or increasing gambling opportunities. These bills remain in committee.

General File debate included a bill to adopt the Nebraska Uniform Real Property Transfer on Death Act. LB 536, introduced by Senator Wightman, allows for transfer of property, upon the owner’s death, without probate. The amendment gives counties additional notice of property being transferred. Although the amendment satisfies concerns raised at the hearing, some senators expressed opposition about transferring property through a process other than a will and possible unintended consequences. LB 536 advanced to Select File and the concerns raised will be considered before the second round of debate.

The Legislature advanced LB 40, a bill of importance to non-profit hospitals, including those in District 16. LB 40 provides a sales and use tax exemption for hospitals owned by one or more hospitals or parent corporations as opposed to the current standard of two or more. I support this legislation and its benefit for hospitals in our district.

We also debated LB 677, introduced by Senator Lathrop, to establish minimum sentences for a person convicted of assault on a health care profession when they are engaged in their official duties. This bill advanced to the second round of debate.

Several events allowed me to visit with District 16 constituents throughout the week. I met with a District 16 teacher at the Nebraska State Education Association reception and spoke with Burt and Cuming County constituents at a Rural Electric Association dinner. I attended a State Chamber of Commerce banquet and had the pleasure of visiting with Leadership Tekamah during their visit to the Capitol. The week concluded with District 16 county extension offices attending a luncheon in Lincoln. I enjoyed visiting with many of you to hear about the issues important to you.

Serving you in the Nebraska Legislature to keep the good life growing,

Senator Lydia Brasch

The Legislature addressed an array of issue on floor debate and public hearings over the course of the week. During floor debate we discussed LB 276, introduced by Senator Council, to abolish the death penalty and replace it with life in prison without the possibility of parole. After several hours of emotional debate, Senator Council laid the bill over, ceasing debate and removing it from the legislative agenda. We also debated and advanced to Select File LB 310, introduced by Senator McGill, to allow protection orders to be granted when there is a credible threat. Per concerns raised by Speaker Flood, amendments may follow this bill to include the component of imminent danger. Another bill debated was LB 612, introduced by Senator Pirsch. LB 612 increases the statute of limitations for children who were sexually assaulted. The bill increases the limitations from 25 years of age to 32 years of age. LB 612 advanced to the second round of debate.

On January 23, the General Affairs Committee heard public testimony on a bill I co-sponsored on behalf of a constituent in District 16 who operates a microdistillery. LB 781, introduced by Senator Smith, changes the point at which the excise tax is attached to products produced at farm wineries, craft breweries, and microdistilleries, making it consistent with federal laws. Currently, the excise tax is applied after production, but with LB 781, the product is taxed at the point it leaves the bonded portion of the warehouse.

Our Revenue Committee took up significant taxation proposals. One such bill, LB 745, introduced by Senator Fischer, restricts the occupation tax by requiring a vote of the people. It requires a municipality to designate a specific purpose and a sunset date for citizens to consider when voting on adopting an occupation tax.

On January 26, we heard testimony from Governor Heineman on his taxation proposals introduced by Senator Cornett. LB 970 proposes to eliminate the inheritance tax for beneficiaries of descendents who die on or after January 1, 2013. In additional, the bill lowers individual income tax by changing rates and brackets for all classes. There were a number of testifiers for and against LB 970. The primary concern with eliminating the inheritance tax is reduction of cash reserve funds in our counties and to be able to continue to provide services without raising properties. Thus, many of our county officials have relayed concerns with eliminating the inheritance tax.

Another monumental tax policy proposal that came before our committee on January 27 was LB 850, introduced by Senator Hadley; I am a co-sponsor of this legislation providing tax incentives to move to rural communities. LB 850 specifically applies to counties that have experienced more than a 5% population decline between 2000 and 2010 and would grant a refundable income tax credit of $1,500 per year to an individual who establishes residency the county. The bill requires that the person must have lived outside of Nebraska for at least five years before establishing residency in an incentive area. The public hearing brought good supporting testimony that spoke about the revitalization efforts in our rural communities and welcomed the new approach to growing rural Nebraska. The Revenue Committee will discuss potential action and consider all testimony on LB 745, 970, and 850 in the coming weeks, and I will keep you updated on what transpires.

During the week, I visited with board members from District 16 Natural Resources Districts and also met with other constituents at the Nebraska Cattlemen legislative banquet. On Saturday, January 28, I attended the Nebraska Walk for Life and had an opportunity to thank everyone for supporting passage of LB 690 last session, which requires a minor to receive parental consent for an abortion. I continue to receive e-mails and phone calls from you on bills before the Legislature, and I do appreciate knowing of your perspective and views. I can be reached at lbrasch@leg.ne.gov or (402) 471-2728.

Serving you in the Nebraska Legislature to keep the good life growing,

Senator Lydia Brasch