The Legislature completed another productive week as we draw 12 session days closer to the end.  On the agenda for debate were issues ranging from telecommunications to tax cuts and many issues in between.

LB 1114, introduced and prioritized by Speaker Flood, addresses inequity in the Municipal Equalization Qualify (MEF).  Currently, the formula provides an incentive for municipalities with below average property tax levies to raise their levies to receive more MEF aid.  With the adopted Revenue Committee
compromise amendment, cities may qualify for 20% of their original equalization aid without complying with the minimum levy provisions of current law.  The legislation addresses the perceived unfairness in the formula; municipalities should not have to raise taxes in order to receive aid.  This debate prompted
comparisons to our state aid to education formula and whether this strays from our needs assessments.  I made the decision to support LB 1114 and determined the majority of District 16 towns will benefit.  LB 1114 moved to the second round of debate.

Of much controversy this session is LB 970, introduced by Senator Cornett and prioritized by Senator McCoy, including the Governor’s proposed tax cuts.  A scaled down compromise amendment was offered, and AM 2572 widens income tax brackets, taxing a greater percentage of income at a new lower bracket.  This provides modest tax relief, particularly to low and middle income Nebraskans.  As amended, LB 970 advanced to Select File 36 – 6.

LB 959, introduced by Senator Janssen and prioritized by Senator Coash, provides civil immunity to a current or former employer who provides certain information to a prospective employer upon written consent of the prospective employee.  With the Business and Labor Committee amendment, information that may be provided includes: employment date and duration, pay rate and wage history, job description and duties, most recent written performance evaluation, attendance information, drug and alcohol test results, threatening or harassing behavior, and whether the employee is eligible for rehire.  LB 959 advanced to the second round of debate.

The issue of human trafficking is addressed in LB 1145, introduced by Senator McGill, establishes a new penalty for pandering of persons under the age of 18, increases offenses, and penalties for subsequent offenses.  Currently a misdemeanor, this change is significant to addressing an alarming problem happening in Nebraska and worldwide.  LB 1145 creates a task force to investigate human trafficking and requires posting at strip clubs and rest stops where a person can seek help and encourages voluntary posting at other appropriate facilities. LB 1145 moved to Select File.

Ag Committee bills to change wheat and corn check offs passed the first round of debate as Committee Priority Bills.  LB 905 changes wheat assessment to a percentage of value.  LB 1057 increases the promotional corn check off from the current 1/4 cent per bushel to 1/2 cent per bushel, starting October 2012.

March 22^nd debate included bills on Consent Calendar, which requires unanimous advancement from a committee with no opposition testimony.  Only 15 minutes of debate is permitted on each bill.  Among the bills advanced were:

• LB 1038, requiring lead testing for children residing in certain zip codes known to have high lead
  levels; and
• LB 819, allows military medals to be classified as unclaimed property and delivered to the state
  treasurer’s office.

I enjoyed students visiting from Lyons-Decatur Northeast and West Point on March 20.  It is inspiring to have eager students visit our Capitol to see their Legislature at work. On March 23, a beautiful Legislative Recess Day, I appreciated coffees held in Decatur, Tekamah and Herman. It’s important to hear
what’s on the minds and thoughts of constituents.  I also enjoyed a meeting in Blair, learning more about post flooding challenges, and for some families, the financing difficulties for repair work due to dramatically reduced property values.  Saturday morning in Blair with work gloves and a rake, I joined over 30 volunteers helping families with flooding clean up.  It was a good weekend that offered much insight, renewed energy and strength for the Legislative Days ahead.

Serving you in the Nebraska Legislature to Keep the Good Life Growing,

Lydia Brasch

Senator, District 16

The Legislature had a full week of debate on significant legislation, including  midbiennium changes to the budget.  General File debate on budget bills, LB 968, 969, and 131 began  March 13.  Major General Fund increases include expenditures for child welfare, Governor’s Emergency Program, Youth Rehabilitation and Treatment Center, and bond payments for construction of a new Veterinary Diagnostic Center at the University of Nebraska.  Since last session, projected revenues increased by $176 million and actual receipts from FY2010-11 were $62.7 million above the forecast.  As mentioned previously, the Forecasting Board met in February and projected no change.  Although the biennial budget is balanced, with Appropriations Committee proposed budget
changes, the projected balance has a $461 million shortfall, which puts us in the position next session to make critical adjustments, including the state aid to education formula projected to escalate exponentially (20.8%) with the current formula.  In addition to debate on increased General Fund expenditures, the Appropriations Committee proposed one-time Cash Fund expenditures for the following state projects:

• $2.4 million – the Convention Center Support Fund;
• $6.7 million – gymnasium reconstruction at Chadron State College;
• $7.5 million – renovations to the Peru State College stadium;
• $15 million – construction of School of Nursing at Kearney;
• $50 million – construction of UNMC Cancer Research Tower; and
• $800,000 – Centennial Mall Revitalization.

We continue to debate the budget bills in conjunction with proposed tax cuts as advanced by our Revenue Committee and proposed by Governor Heineman.  Spending bills, LB 968 and 969 are on Select File for debate March 19.  We must consider what is best for citizens of our state as we weigh out spending
priorities, provide cuts for taxpayers, and operate a fiscally conservative budget.

Alongside the budget debate, we addressed LB 1072, payments of claims against the State of Nebraska.  LB 1072 includes claims approved by the State Claims Board or settled and court ordered claims.  With AM 2358, offered by the Business and Labor Committee, LB 1072 includes payment to subcontractors who
performed services for wards of the state and families, often ordered by the court.  These providers were not paid when Boys and Girls Home stopped providing services as contracted by the Department of Health and Human Services.  The responsibility of the state and obligation to pay was a particularly laden issue before our Legislature.  Boys and Girls Home went through the claims process, whereas KVC, whose contract also ended, went to the  Appropriations Committee, both seeking payment for services provided.  Ultimately, I believe it came down doing the right thing and paying providers for their work on behalf of children and families.  LB 1072 advanced to Select File after debate on March 15.

LB 870, introduced by Senator Adams, requires the State Board of Education to establish an accountability system to measure the performance of public schools effective at the start of the 2012-13 school year . The performance measures include graduation rates and student growth and student improvement on
required assessments.  LB 870 also includes provisions of LB 1114, allowing school districts to establish Career Academies for grades 7-12, focusing on mathematics, science and technology, and preparing students for the workforce.  LB 870 advanced to Select File.

We are beginning to see road construction as a result of passage of LB 84 last session.  Residents of Washington County are pleased that work is beginning on expanding Highway 133 with construction scheduled between 2013 and 2015 as part of the 10 year LB 84 plan.  In Cuming County, I continue to stay apprised of plans for Highway 275 and seek construction.

To our District 16 high school students:  Registration is open for the 2012 Unicameral Youth Legislature to experience a four-day simulation of the Legislature at our State Capitol!  Further information and registration is available at www.nebraskalegislature.gov/education/unicamyouth.php.

I continue listening sessions in our district on Friday, March 23 and hope you will join me at 8:00 a.m. at Betty’s in Decatur, 10:00 a.m. in Tekamah at Right Next Door Cafe, and 3:00 p.m. at Petersen Bar 75 in Herman.

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

Senator Lydia Brasch

District 16

The Legislature picked up where we left off last week with debate on LB 1067, introduced and prioritized by Senator Karpisek, to decrease the time limit between Keno games from five minutes to three minutes.  LB 1067 failed to advance after receiving only 20 votes, five votes short of the 25  necessary to move a bill to the next round of debate.

Another gambling measure was debated on General File; LB 806, introduced by Senator Lautenbaugh, allows for pari-mutuel waging on historic horse races, which are past races wagered upon through a gaming machine similar to casino type devices.  Many consider this expanded gambling, likening this to slot machines, although debate focused on assistance to the horse racing industry.  While I am sympathetic to the industry and want to see economic development, I am not convinced that this legislation can save live horse racing and capture greater attendance after experiencing a decline.  We will
continue debate of LB 806 in the days ahead.

Among the speaker priority bills debated this past week was LB 1039, a bill I introduced.  LB 1039 increases the penalties for drivers violating school bus passing laws.  The penalty remains a Class IV misdemeanor, but the fine is a mandatory $500, and three points are assessed on a driver’s license for passing a school bus with the stop arm extended.  Advanced by the Transportation and Telecommunications Committee with an amendment I offered, the bill also includes “clean-up” language of current school bus statutes and their operation.  LB 1039 was well-received on the floor and advanced to Select File on March 6.  While the increased penalties are a significant step to addressing the seriousness of this traffic violation, one other aspect important to address is educating the public to stop for school buses.  Fortunately, our Nebraska Safety Center has expressed their interest in this important child safety issue and will emphasize this in their driver education curriculum.

We debated and advanced LB 863, introduced by Senator Coash, to provide incentives for film production in Nebraska.  Having heard directly from those in the industry, LB 863 is seen as an economic development boost because of the incentive program specific to our state to encourage consideration of Nebraska as a filming site.

LB 998, introduced by Senator Krist, eliminates the Foster Care Review Board and establishes a Foster Care Review Office, a non-code agency in the executive
branch.  Additionally, the Foster Care Advisory Committee is created, and members of the advisory committee may not have financial interest in the foster care system.  The objective of LB 998 is to achieve necessary oversight of the foster care system in our state as originally intended when the board was created 30 years ago.  LB 998 advanced to Select File.

The Legislature will resume debate at a future time on LB 996, introduced by Senator Wightman.  LB 996 is on Select File with proposed amendments and requires students to stay in school until the age of 18, rather than the current age of 16.  In speaking to parents and educators, there is a mutual agreement that
every effort should be made to keep students in school to earn a diploma, and this is precisely what is taking place today in our schools.  However, this is also viewed as a family decision and not a government decision, and a proposed amendment to allow a student to leave school under the age of 18 for financial hardship, illness, or an order of the court is not widely favored in our district.

With a limited 20 days ahead of us, the budget, tax cuts, and everything in between will be at the forefront of debate.  Thank you for all the feedback on legislative issues before us.  I will be in the district again to visit with you, so please join me on Friday, March 23 in Decatur at Betty’s at 8:00 a.m., Right Next Door Cafe in Tekamah at 10:00 a.m., and at Petersen Bar 75 in Herman at 3:30 p.m.

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

Lydia Brasch

Senator, District 16

We started the week off with debate on LB 239, introduced by Senator Janssen and prioritized by Senator Schilz, to require voters to show identification before voting.  Most likely, I have received the most number of e-mails and phone calls so far this session on LB 239.  I have heard from both supporters and
opponents of the bill, with the majority of constituents expressing support for LB 239 and requiring voter identification to protect the integrity of the process and attempt to eliminate the “shadow of a doubt” that votes are cast dishonestly.  Debate will continue on LB 239 in the days ahead as there was not enough votes for cloture to end the filibuster this past week.

Of particular importance was debate on a prime issue this session: child welfare.  Five bills were debated and advanced to Select File to reform the child welfare system that has fallen short of meeting needs and expectations for our children.  The Health and Human Services Committee and Performance Audit
Committee have worked extensively on this troubling issue, and we are moving forward on their recommendations and proposals in an effort to bring about necessary changes.  LB 821 establishes the Nebraska Children’s Commission and Office of Inspector General of Nebraska Child Welfare.

• LB 1160 sets requirements for report sharing with the Health and Human Services Committee and establishes a statewide child welfare information system to improve the child welfare system’s management, tracking, and information sharing.
• LB 949 requires the Children and Family Services Division to include in its budget requests a strategic plan, including performance measures, benchmarks and time-frames.
• LB 820 requires theDepartment of Health and Human Services to  apply for a federal Title IV-E waiver for a demonstration project that permits foster care maintenance payments to be made under Title IV-E of the federal Social Security Act. The bill also requires a foster care compensation minimum base rate be set and all foster parents belicensed, except those related by blood, marriage, or adoption.
• LB 961 requires a reduction in caseloads and allows Nebraska Families Cooperative, the only remaining private contractor, to continue case management in the Omaha area as a pilot project.

LB 727, introduced by Senator Cornett and prioritized by the Revenue Committee, includes changes brought bythe Department of Revenue and was amended to exempt fees and admissions for youth sport events or leagues from sales tax as under LB 903.  LB 727 advanced to Select File.

We also debated LB 933, introduced by Senator Ashford and prioritized by Senator Langemeier, to make changes to truancy laws passed recently.  Many parents raised concerns about the overreach of the law that put their children and families in the legal system because of excused absences.  The amendments adopted acknowledge the importance of children attending school on a regular basis, but respect the responsibility of parents to excuse their children for absences; after twenty absences, it is not mandatory  for schools to pass a name on to county attorney if the absences are excused.  As amended, LB 933 advanced to Select File.

On February 23, approximately 30 bills were voted on Final Reading before being sent to the Governor for his signature.  Among the bills passed were:

• LB 771 to incorporate provisions of the 2009 food code, federal law, into the Nebraska Pure Food Act
• LB 507 amends the Welfare Reform Act to allow applicants 21 or older or heads of households to qualify for benefits for education pursuits averaging 20 hours per week, such as at a secondary school, a general education development (GED) program,or education directly related to employment
• LR19CA, a constitutional amendment to change the constitution to provide that a civil officer will be liable to impeachment for any misdemeanor in office or for any misdemeanor in pursuit of an office
• LB 1118 to amend the Nebraska Advantage Act for tax incentives for large data center projects with a $200 million investment and at least 30 new employees

Also on February 23, we began debatingLB 1067, introduced by Senator Karpisek, to shorten the wait time between keno games.  The General Affairs Committee amendment would allow the wait time to move from five minutes to three minutes. Senator Karpisek has offered another amendment stating that governing bodies may submit the time change for a vote of the people.  I votedagainst advancing the bill out of committee and will continue to oppose this change because I believe it is an expansion of gambling, allowing for people to lose more money by playing more frequently, thus potentially leading to gambling addiction.  Debate will continue when the Legislature reconvenes on March 5.

I was visited at the Capitol by Washington County constituents from our libraries, insurance and financial advisors, as well as beverage distributors.  I also enjoyed lunch with several towns from District 16 visiting as part of the League of Municipalities event.  I continue to be appreciative of the information and views shared with me on important happenings in the district and legislative issues.

Continuing meetings in our district, I hope you will join me on Friday, March 9 at 8:30 a.m. at Memories Cafe in Oakland or at 3:00 p.m. in Lyons at the Highway Cafe.

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

Senator Lydia Brasch

District 16