Week of February 4th

February 4th, 2013

Weekly Legislative Update

The Unicameral took up an array of issues this week during floor debate and public hearings. Senators debated LB125 from Senator Scott Lautenbuagh of Omaha. This legislation reduces the number of seats on in the Omaha Public Schools Board from its current size of twelve down to nine seats.

Most notably, the Unicameral advanced LB21, a bill that renews the ability of first responders to receive worker’s compensation benefits for mental injuries. Michael Dwyer of Arlington, a member of our volunteer fire department for 29 years, was able to testify in support of this legislation last week. In his testimony he said, “So many of our calls are with and for friends and family and that makes the recovery from a critical incident so much more difficult. Given the dangerous shortage of volunteer responders in Nebraska – it makes that recovery that much more important.” I am proud to support this important legislation to protect those first responders that put their lives and health at risk for our communities.

This week in the Transportation and Telecommunications Committee, we had the honor of holding hearings for Governor Heineman’s appointments to the Motor Vehicle Licensing Board, including the appointment of Jeff Scherer of Beemer from our district. Our committee also took up LB207 from Senator Beau McCoy of Omaha that allows the Department of Motor vehicles to take over the issuance of vehicle registration renewal notices from county treasurers. The committee advanced the legislation 8-0 because it would help avoid increasing costs to the DMV and counties.

For the first time, I had the privilege of chairing the Natural Resources Committee this week while our chair, Senator Carlson, represented our committee to the Appropriations Committee. Typically, when a committee chair visits another committee to introduce a bill, the vice chair serves as a temporary chairman. Our committee heard several bills this week, including a committee bill to protect our public power system. LB388 gives public power entities in Nebraska the right of first refusal to construct, own, and maintain an approved transmission line. Nebraska’s not-for-profit public power system is the only one of its kind in the nation, and serves the people of our state well by keeping electric rates low.

This week, the Revenue Committee will hear LB405 and LB406, Governor Heineman’s tax reform proposals. I have heard from many constituents over the last couple weeks who would be impacted by this legislation. Additionally, two of my own bills, LB499 and LB325 will be heard in the next 10 days. I would encourage you to continue to provide me with your feedback, and as always, you are invited to testify at the public hearings on this legislation. Please contact my office if you need additional information.

I have two upcoming hearings: I continue to receive e-mails and phone calls from you on other bills before the Legislature, and I do appreciate having 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

Week of January 28th

January 28th, 2013

Weekly Legislative Update

Committee hearings began this past week as bill introduction concluded. Although my time on the Revenue Committee was of great value, I am honored serve serve in my new position as Vice Chair of the Natural Resources Committee. This committee covers a subject area that is incredibly important to District 16, including water, energy, and environmental policy all of which are vital to agriculture, manufacturing, and job creators in our communities.

This week I introduced LB144 in the Government, Military, and Veterans Affairs Committee. This bill provides for the write-in candidacy of the defeated candidate in a tie election. Last year, a county supervisor’s primary race in our district produced an equal number of votes for each candidate. Ties like these must be resolved by lot (i.e. the flip of a coin), and the losing candidate cannot continue candidacy as a write-in candidate under current law. After hearing from a number of constituents, we introduced legislation to provided candidates in cases such as these with a way forward. Tie elections do occur with some regularity, especially in smaller communities.

Bills I introduced this week include:
*LB498 which provides for declaratory judgment and injunctive relief against foreign defamation lawsuits.
*LB499 which modifies the Game and Parks Commission rule making process to allow the commission to react in a more timely manner to public input.
*LB500 which makes modifications to current school bus stop laws to accommodate bus stops within city or village limits. Current law creates some onerous requirements for door side stops for special need students.
LR42 which is a resolution urging Congress to pass the Parental Rights Amendment to the U.S. Constitution and was introduced with 31 co-sponsors.

Bills I co-sponsored this week include:
*LB423 which was introduced by the Agriculture Committee to modify provisions relates to livestock.
*LB473 which provides an additional residency restriction for registered sex offenders.
*LB564 which adopts the Health Care Freedom of Conscience Act to protect our medical providers in the workplace.
*LB 601 which would require notice for the subcommittee meetings held by Natural Resource Districts.
*LB634 which provides additional resources for Northern Nebraska to prevent future wildfires.
*LB637 which requires the Nebraska Department of Environmental Quality to produce a written report of economic impact for certain regulations.

Over the past week, I received a large amount of feedback about Governor Heineman’s tax proposal. As I wrote last week, I believe our tax code needs a wellness check as our state seeks to address the needs of a 21st century economy. Many have raised concerns about the impact of the governor’s proposal on the agricultural community, and I believe it is important for the Unicameral to approach tax reform in a way that does not simply shift more tax burden onto farmers and ranchers. I still firmly believe that property tax relief is an important component of tax reform this session.

This past week, I had the honor of visiting with several constituents who visited my office in Lincoln from Blair, Oakland, West Point, and several other communities. Additionally, I attended events with dental hygienists and equipment dealers from our district. I also attended receptions hosted by the Nebraska Grocery Industry Association and the State Chamber Leadership of Nebraska.

Be sure to tune in on channel 13 or watch online at netnebraska.org this week as legislative debate begins on January 28th. As always, please contact me (402) 471-2728 or lbrasch@leg.ne.gov if you have any concerns that my office can work to address. Your feedback is critical as we discuss and debate issues that impact our way of life.

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

Senator Lydia Brasch

Week of January 21st

January 22nd, 2013

Weekly Legislative Update

During this second week of the 103rd Legislature, bill introduction continued, Governor Dave Heineman delivered his State of the State address, and Chief Justice Michael Heavican delivered the State of the Judiciary address.

Last week I introduced three pieces of legislation. One of these bills, LB325, removes the ability of the board of directors of Natural Resources Districts (NRDs) to veto proposed boundary changes that have already passed with a vote of the citizens in the resource district. This was brought by constituents of the Papio-Missouri NRD, which takes in portions of Washington and Burt Counties, and extends north through portions of Thurston, Dakota Counties and south into Douglas and Sarpy Counties. I value the work of NRDs and believe local control of our natural resources is very important, and that is why I am bringing this legislation. Currently, the Papio-Missouri NRD board of director has 11 members, but only 1 is elected north of Omaha. That’s 1 representative for the 4 counties in the upper portion. It is nearly impossible for these citizens who lack representation to change boundary lines of NRDs when the board’s veto authority currently overrules a vote of the people. I have met and listened closely to concerns from many property tax owners in the district. This is the first of several steps needed to ensure our property tax dollars are fairly budgeted and that our citizens receive fair representation from on an NRD board. The Unicameral will continue bill introduction until Wednesday, January 23, and another update will be included next week.

Other bills introduced:
-LB244 provides requirements for continuing education for electrical apprentices.
-LB398 changes provisions and penalties relating to excessively loaded vehicles.

Bills co-sponsored:
-LB96 exempts repair or replacement parts for farm machinery from sales tax.
-LB203 makes changes to the Environmental Protection Act.
-LB296 raises the ceiling for contributions to the educational savings plan.
-LB62 changes levy provisions for rural and suburban fire protection districts
-LB 393 modifies the Nebraska motorcycle helmet law and requires operators, over the age of 21, of a motorcycle or moped on any highway in the state to wear eye protection. An individual under the age of 21 that is an operator or passenger of a motorcycle or moped are required to wear a helmet. Over the last 2 years, many constituents voiced concern that the current law is an infringement on individual rights, and my support of this legislation comes following careful deliberation and consideration.

Others bills of interest this week:
-LB400 appropriates additional funds for community colleges
-LB381 requires voter photo identification.
-LB255 adds protections to Nebraska laws for victims of human trafficking.

Governor Dave Heineman announced his legislative priorities for the 2013 legislative session in his State of the State speech. His budget proposal increases state aid to schools from $852 million to $895 million in 2014 and to $939 million in 2015. Heineman also announced a two-year tuition freeze for the state universities and colleges.

Most importantly, Heineman announced his tax reform proposal, calling for the abolishment of the individual and corporate income taxes. These reforms would be paid for by the elimination of numerous sales tax exemptions ranging from exemptions for farm equipment to aviation fuel.

While the legislature considers tax reform over the next several weeks, I value your input on the future direction of our tax code. The foundation of our current tax code were laid nearly 50 years ago, and it’s important for the Unicameral to examine the needs of a 21st century economy.

Committee hearings begin this week. Most days, the legislature convenes for debate in the morning and adjourns at noon before committee hearings at 1:30PM. Please contact me at (402) 471-2728 or lbrasch@leg.ne.gov if you are interested in testifying at a public hearing. Public input is crucial to helping senators make important decisions during the legislative process.

During the past week, I enjoyed the privilege of meeting with constituents from across the district who visited Lincoln about important issues. I hope you will also consider stopping in our office at the State Capitol, Room 1016. This weekend, it was an honor for my husband and I to attend the Blair Area Chamber of Commerce Annual Awards Banquet where 200 people gathered to applaud a year of many success stories and congratulate the Blair community on a great year!

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

Senator Lydia Brasch, District 16

Week of January 14th

January 15th, 2013

Weekly Legislative Update

Happy New Year to all! Time has passed swiftly since I was sworn in as your representative two years ago! The 103rd Legislature convened this past Wednesday, January 9th.  This third year promises to be just as exciting and exhilarating as the first.

Serving as your state senator is a distinct honor and a great privilege. It is a highlight of any given day to greet our elementary students so full of awe and wonder as they visit our beautiful capitol to see their government at work. It is uplifting to meet our district’s high school scholars and see firsthand the leaders of tomorrow. I am thankful for the opportunity to listen to your concerns, share in your successes and challenges, and represent your interests in the Nebraska Unicameral Legislature.

As senators from across the state returned to Lincoln, the legislature’s schedule has been very full. Last week, the Legislative Council of the Unicameral convened. This council was formed in 1937 and has rarely been utilized in recent years. Previously, the Legislative Council helped set priorities for the session, but this meeting largely focused on shaping future direction of the long-dormant council.

On the first day of session, we elected Senator Greg Adams of York as Speaker of the Legislature to replace Mike Flood of Norfolk who was term limited last year. Senators also elected chairs for standing committees including Senator Heath Mello of Omaha who was elected chair of the powerful Appropriations Committee and Senator Tom Carlson of Holdrege who was elected chair of the Natural Resources Committee.

Committee appointments for all senators were made last week, and I received two new assignments: one to the Transportation and Telecommunications Committee and another to the Natural Resources Committee. Both these committees cover subject matter and address needs that are vital to our district. I will also continue to serve on the Rules Committee. Committee hearings will begin on Tuesday, January 22nd.

The first ten days of this 90-day session are devoted to the introduction of new legislation.  If you have a concern that requires legislative action, I urge you to contact me prior to the eighth day of session (January 18th).  I have already introduced legislation this session to reduce property taxes for agricultural land, and am working on additional legislation to protect your property tax dollars, increase the safety of our children who ride on school buses, and protect parental rights. Other legislation is under review for possible introduction this session.

This past week, senators received new office assignments.  My new office is now located in Room 1016 on the west side of the Nebraska State Capitol.  David Slattery, my administrative assistant, will likely be the first voice you hear when you call my office. My legislative aide, Taylor Gage, assists with legislation and other state government issues.

I hope that you will please stop in and visit us if you are in Lincoln.  You are also welcome to contact me at (402) 471-2728 or lbrasch@leg.ne.gov.  I will continue newsletter communications with you throughout the session as we begin the committee hearing process and floor debate.

For the Good Life,

Senator Lydia Brasch, District 16

December 6th, 2012

The legislative interim has flown by quickly and the upcoming session is just the corner. January 9th is the first day of the 90 day session.  I am anxious to begin working with returning state senators and with those newly elected as there are many policy issues for the legislature to address.  Before discussing what’s to come in the new year and session, I must take a moment to cover the events of the past several months since my last column update.

Roads issues have been at the forefront of office inquiries during the interim.  The first roads-related meeting within our District 16 counties was held in Burt County on August 28.  Two public meetings followed, first in Washington County on October 29 to discuss widening of Highway 133, followed by a November 5 roads meeting in West Point.  There was great attendance at each of the meetings, and I believe it was very beneficial to all attending residents to better understand current, present, and future highway projects.  Revisiting some of the questions and issues raised, on December 6, I accompanied our District Three engineer, Kevin Domogalla, on another on-site assessment to discuss constituent questions and progress.

Broadband has been another important topic in our district and the state, and my staff and I toured one of the prominent providers in Blair, Great Plains Communications.  This was an informative opportunity to see the operations of some of our most valuable technological resources and services.

Many constituents have contacted me with questions, concerns, and policy proposals, and I appreciate the dialogue and bringing attention to matters in our district.  Such inquiries have taken me to each of our three counties to meet with individuals and better understand the subject at hand and what recourse is needed, be it research, phone calls, or possibly a bill.

It has also been a pleasure to visit schools, tour successful businesses in and outside of our district, such as Nucor Corporation in Norfolk and CF Industries in Blair.  Additionally, I met with local government officials, including school superintendents, county boards, community colleges, and Natural Resources Districts.  State agency meetings have covered topics of legislation and current events and included Health and Human Services, Game and Parks, and the Department of Roads.  Similarly, it was valuable to meet with representatives from organizations such as First Five Nebraska, our Chambers of Commerce, Rotary Club, Nebraska Farm Bureau Federation, among others.

Within the legislative arena, my respective committees have held interim study hearings. October 5 the Agriculture Committee conducted a hearing on to examine agriculture’s role in our education curriculum.  In October and November the Revenue Committee held interim study hearings on subjects including revitalization of historic business districts, alternative county revenue sources if the inheritance tax is repealed, and issues of land banking.  I do expect to see legislation related to each of these interim study hearings next session.

There are also other policy matters that will be significant.  Specifically, setting a biennial budget will be a major obligation.  We are fortunate that most recent projections show an improvement in the shortfall, moving from a $624 million shortfall to what now is a $195 million shortfall with an estimated $57 million surplus revenue for the cash reserve fund.  Nevertheless, it will be important to show fiscal restraint in setting the budget while providing for needs.  State aid to education will factor into the budget, as well as consideration of taxes. Other prominent legislative issues that may come before us are: legislative action on state health care exchange, changes to tax structure (inheritance, sales, income, and property taxes), juvenile justice and crime prevention, just to name a few.

As I prepare for the legislative session, I have compiled a survey to better understand what issues are important to you.  Please consider taking the time to complete the survey at http://www.surveymonkey.com/s/6VRT97J.

Just as I have done during previous sessions, I will provide you with weekly columns throughout the session.  Several changes are anticipated, however, including moving to a new office in the State Capitol and hiring a new legislative aide.  My current legislative aide, Sarah Skinner, accepted a position with Senator-Elect Deb Fischer, and I thank her for service to District 16 and will introduce you to my new legislative aide in January after I have completed the hiring process.

As always, please contact me with any legislative questions.  The office phone number is (402) 471-2728, or you may e-mail me at lbrasch@leg.ne.gov. I look forward to hearing from you and working for you in the upcoming legislative session.

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

Senator Lydia Brasch

District 16

Legislative Update Summer 2012

August 27th, 2012

Reflecting on a summer that seemed to have little time to wind down, I have gained new perspective during my time at home on the farm and moving about in our district that spans Cuming, Burt and Washington Counties.  Visiting with so many of you at business meetings, briefings, celebrations and county fairs, I have benefited greatly from our exchanges.  With the legislature adjourned until January, I will continue to be out and about in our District 16 communities and discuss important legislative issues with you.

Most recently Burt, Cuming, and Washington Counties all held county fairs.  It was a privilege to participate in each of them, visiting with county residents, and viewing many exhibits created by our talented citizens.  The county fairs are a great close to the summer, and with good food, family, and fun festivities, the stresses of the drought fade for a brief moment through the smiles of children and bright blue ribbons.

For the second year in a row, District 16 and Nebraska have experienced a hardship at the hands of Mother Nature.  Still scarred from last year’s Missouri River Flooding, we now face a severe drought.  Agricultural, personal, and economical effects are still looming, but given our track record, I am confident we can rise above these challenges.  We will learn from our hardships and continue to work hard to support our families and communities; Nebraska farmers and ranchers will continue to play a vital role in feeding our world.

Since the Legislature’s April adjournment, I’ve enjoyed visits to our District 16 towns.  From training for weather spotting in Craig to speaking at Blair Kiwanis Club to a Cuming County Feeders Tour, district events have filled my schedule and granted me the privilege to meet with many different people on a variety of subjects.  Participating in summer parades and local celebrations in Blair, Tekamah, and Lyons was a joy.  Being part of grand openings, open houses, and anniversaries was also a highlight as it demonstrates growth and opportunity.  These include:

  • Tekamah Carnegie
    Library ground breaking;
  • Northeast Nebraska
    Community Action Partnership Open House;
  • St. Frances
    Memorial Hospital Open House;
  • Novozymes Grand
    Opening;
  • Pheasant
    Bonanza/Hunt & Kennel Open House;
  • West Point Inspro
    Insurance Anniversary Celebration;
  • Cuming County
    Public Power District 75th Anniversary Celebration; and
  • Blair Municipal
    Airport Groundbreaking.

Day-long excursions with the Department of Roads allowed me to view road construction projects and discuss future projects.  On two occasions, with the University of Nebraska and the Game and Parks Commission, I toured the previously flooded Missouri River valley, addressing damages, recovery, and productivity.  Focusing on energy, I toured an innovative methane gas operation, discussed the current and future status of Fort Calhoun Nuclear Power Plant, and will delve into public power operations with a visit to Nebraska Public Power District’s control center.  Upcoming district visits include tours of businesses in Blair, one of our newest District 16 towns.  I will also attend annual Farm Bureau meetings for all three counties and discuss agriculture policy.

It was a privilege to represent District 16 and Nebraska as I traveled to Madison, Wisconsin, August 10.  I am one of three Nebraska senators selected to The Bowhay Institute for Legislative Leadership (BILLD).  The BILLD program is a unique educational opportunity.  Meeting with other state representatives from the Midwest region, we participated in seminars about leadership, communication, and policy development.  It was a great learning experience applicable to serve our district in the Nebraska Legislature.

Looking forward at functions of the Legislature this fall, interim study hearings will be conducted for legislative resolutions introduced during this past session.  Several public hearings regarding establishment of a State Health Insurance Exchange will be held by the Banking, Commerce, and Insurance Committee, as well as hearings throughout the state conducted by the Nebraska Department of Insurance.  Public hearing schedules for interim studies this fall are available at www.nebraskalegislature.gov.

I welcome your input on legislative issues as we prepare for the upcoming session.  To share your ideas and concerns, I can be reached at lbrasch@leg.ne.gov
and 402-471-2728.

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

Senator Lydia Brasch

District 16

Legislature Adjourns Sine Die

April 23rd, 2012

Wednesday, April 18, the 102nd Legislature concluded and adjourned sine die. Most notably, our last day consisted of motions to override gubernatorial vetoes and farewells to nine senators leaving the legislative body due to term limits.

Four bills were voted on to become law not withstanding the governor’s veto and all were debated again in an effort to garner support or sustain the veto. Thirty votes are required to override a veto, and two bills became law. In review, the four bills included:

  • LB 806 authorizes wagering on historic horseraces. The veto override failed 28-20-1.
  • LB 357 allows cities to increase sales tax with voter approval. LB 357 passed on a 30-17-2 vote to override the veto.
  • LB 1020 provides grant funding for school-based health centers. The veto of LB 1020 was not overridden on a 27-21-1 vote.
  • LB 599 provides for pre-natal services for low-income women, regardless of immigration status. The veto override was successful with a vote of 30-16-3.

Looking back, we worked tirelessly on significant issues and passed substantial legislation, particularly for a short 60 day session. This session is remembered for urgent child welfare reform, including creation of the Nebraska Children’s Commission and Inspector General for child welfare (LB 821), increases to foster care payments (LB 820), changes to case management and service contracts (LB 961), and development of a statewide child welfare information system (LB 1160).

Also memorable are economic development bills for a research and development tax credit (LB 983), including biochips as an agriculture input for a tax exemption (my priority bill, LB 830), data center tax incentives (LB 1118), and a tax exemption for non-profit health clinics (LB 40). Tax legislation was passed to provide a tax cut to low and middle income Nebraskans (LB 970), and limitations were placed on the occupation tax (LB 745).

Significant mid-biennium budget changes were approved, appropriating funds for child welfare case load management, special education, reinstatement of medicaid provider rates, and construction of a veterinary diagnostic center at the University of Nebraska, to mention several expenditures under LB 968. Additionally, with LB 969, funding is designated for a cancer research center and nursing school through the University of Nebraska Medical Center, as well as renovation projects at state colleges. Also passing by overriding a line-item veto of LB 1072 is payment to subcontractors of Boys & Girls Home per a DHHS contract.

We successfully passed my bill, LB 1039, to change school bus provisions and increase penalties for violating school bus laws. An amended version of my bill, LB 930, was passed with LB 1155 to allow golf carts on city streets adjacent to a golf course with approval of the governing body. Including the first session of the 102nd Legislature, five bills I introduced were passed, also including:

  • LB 342, changes election hours for drainage districts;
  • LB 368, clarifies political parties may nominate candidates for a vacancy on the ballot or in the case of a special election; and
  • LB 690, requires parental consent for minors seeking an abortion.

In addition, I worked with the Department of Administrative Services to enact provisions of LB 691 to incorporate purchasing of biobased products.

It was a pleasure to serve with and learn from the nine senators leaving the Legislature. Their leadership is an asset and speaks to great accomplishments and extraordinary service. It was an honor to work alongside these senators for the past two sessions. Farewell to Senators Abbie Cornett, Deb Fischer, Mike Flood, Tony Fulton, Lavon Heidemann, Gwen Howard, Chris Langemeier, LeRoy Louden, and Rich Pahls.

I toured OLean Energy April 21, spanning Colfax and Cuming counties. Congratulations to OLean Energy for innovation to produce fuel and electrical energy from recovered methane, an important agriculture and renewable energy accomplishment. During the legislative interim, I look forward to visiting towns across our district. Please keep informing me of community events as I enjoy the opportunity to attend meetings, events, etc. and celebrate District 16′s work to keep the good life growing. For scheduling and discussing legislative issues, I can be reached at lbrasch@leg.ne.gov and 402-471-2728.

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

Senator Lydia Brasch

District 16

 

Week of April 9

April 16th, 2012

It was a short legislative week, but one day still remains before adjournment sine die of the 102nd Legislative Session. We will return for our 60th and final day this session on Wednesday, April 18. During the two days we were in session last week, we cast votes on Final Reading on the last of the bills before us. Final votes were taken on two bills, in particular, that carried controversy.

One bill is LB 599, to provide Medicaid coverage for prenatal care for pregnant woman, regardless of her immigration status. The bill passed 31 to 15, but the Governor has indicated that he will veto the legislation.

LB 1161 also passed on a 44 to 5 vote. This bill builds upon legislation pertaining to oil pipelines passed during our special session with regards to the proposed Keystone XL Pipeline. Given that the pipeline permit was denied by the President, LB 1161 allows the State of Nebraska to work expeditiously and thoroughly on determining the safety of a new route through the state outside of our sandhills. The key provisions of this approved legislation are:

  • A pipeline carrier must apply for approval from the governor to construct a major oil pipeline in Nebraska. The governor may approve the application or refer it to the Public Service Commission (PSC) for further review;
  • Limits a pipeline carrier’s eminent domain rights to two years after approval of a pipeline application;
  • PSC must make public any documents or records relating to a major oil pipeline unless prohibited by federal law ;
  • Department of Environmental Quality (DEQ) is required to hold at least one public hearing on an application under review by the department; and
  • A pipeline carrier is required to reimburse DEQ for evaluation costs of the pipeline route.

When the Legislature reconvenes for the final session day, we will take up motions to override gubernatorial vetoes. In order to override the governor’s veto, 30 votes are required. The previously mentioned LB 599 will be among the vetoed bills of which an override will be sought. Additionally, LB 357 will be considered for a veto override. Upon voter approval, LB 357 allows cities to raise the local option sales tax to 1.75 or 2 percent as opposed to current law, which permits cities to impose only 0.5, 1, or 1.5 percent with voter approval. The Governor’s message explaining his veto of LB 357 expresses concerns with the state authorizing a sales tax increase up to 33% more in already difficult economic times. The bill passed on April 5, 30 to 15, without my support.

LB 806 is another bill vetoed by Governor Heineman that passed in the Legislature 26 to 18. Four more senators must vote for the bill to override the governor’s veto. In his veto message, the governor raises constitutional questions of betting on past races, suggests improper legislative authority by tying together this new form of gambling and determinations of the State Racing Commission, and expansion of gambling deviating from live racing.

These three bills with motions to override the Governor’s vetoes will be the last votes taken for the 102nd Legislature, and it will be the final votes for nine state senators leaving the body due to term limits. Their leadership and expertise will certainly be missed.

I enjoyed company of constituents at the Cuming County Feeders Association Annual Banquet on April 14. Additionally, 4th graders from Fort Calhoun visited the State Capitol on April 11. I will have an opportunity to visit their class in person on April 16. Thank you to everyone in the District for your phone calls, e-mails, and visits throughout the session. Even with only days remaining this session, please continue to communicate with me on legislative issues of importance to you 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

 

Week of April 2

April 10th, 2012

This was a week of endurance, working towards our approaching adjournment, but we must finish important business, continue debate on significant legislation, and consider motions to override potential Governor vetoes.

First, the Governor did sign into law all budget bills as presented to him by the Legislature. However, he did line-item veto the payment to child-welfare subcontractors under the Boys and Girls Home Corporation as contracted by the Department of Health and Human Services. The payment was passed by the Legislature as part of LB 1072, the state claims bill. Governor Heineman issued the veto claiming unconstitutionality. One of the most frequently asked questions I received this week included an explanation of my position on the veto override. I abstained from voting based primarily on conversations with several other concerned senators and attorneys familiar with Nebraska Constitutional Law. Initially, I voted to support LB 1072 with my heart. While I am in favor of helping reimburse subcontractors who the service provider failed to pay, the reason for the veto from the Governor should not be disregarded. The Governor referenced Article III, Section 18 of the Nebraska Constitution in his veto message. In spite of veto, the bill passed in whole and the veto was overridden, receiving 31 of the necessary 30 votes.

Also among the week’s frequently asked questions was my vote on the highly sensitive and controversial LB 599, a bill to restore Medicaid coverage for prenatal care for unborn children, regardless of the mother’s immigration status. First, there is no wavering on my stance as a pro-life supporter. My perspective on LB 599 is primarily as a first generation American. Having lived in the United States only a short time, my Ukrainian parents had very little and were still mastering learning English, eager to become American Citizens. Following my birth, my parents received a bill, and they gratefully paid a little at a time until their debt was paid in full. They were happy to pay as they knew the consequences of socialism and hardships that accompany that past life with no hope and promise of a Good Life, freedom, or a bright future as in America, and especially in our great state. After debating LB 599 beyond 10:00 p.m. two consecutive days, the bill advanced to Final Reading.

With adjournment nearing, we passed a number of bills on Final Reading. Among the bills passed were:

LB 970, introduced by Senator Cornett – Reduces income tax rates and changes income tax brackets over the next two years

LB 830, introduced by Senator Hadley – Provides a sales and use tax exemption for biochips (My priority bill this session).

The Legislature also had an opportunity to take up debate on the usage of golf cars on streets per my bill, LB 930. LB 930 was advanced by the Transportation and Telecommunications Committee with an amendment I offered to very narrowly provide for circumstances by which golf carts may be driven on city streets or county roads. With legislative support, the revised bill, AM 2699 was amended on to LB 1155, introduced by Senator Lathrop. Having heard from District 16 citizens in Tekamah and others in our state, the amendment addresses driving a golf cart when the streets run alongside or intersect with a golf course. Thus, a golf cart may be driven when the streets are “adjacent and contiguous” to a golf course and upon the local governing body adopting a resolution allowing such use of golf carts. The driver must have a driver’s license and the owner must carry liability insurance on the golf cart. As amended, LB 1155 was passed by the Legislature on Final Reading.

I will share with you next week the latest debate and votes, as well as a session recap.

Thank you to Washington County Leadership for visiting the State Capitol and your District 16 office. Hoping you all had a blessed Easter celebration and feel renewed by the promise and hope of new life this spring.

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

Senator Lydia Brasch

District 16

Week of March 26

April 2nd, 2012

We kicked the week off with Final Reading, which included passage of budget bills, which were approved by Governor Heineman.

LB 968 passed on a 45-2 vote. Major appropriations as part of LB 968 include:
• $17 million to the state Department of Health and Human Services (DHHS) for child welfare reform;
• $10 million to state aid to K-12 special education;
• $9.7 million to reinstate 1.5 percent of a 2.5 percent cut in Medicaid provider rates;
• $6.1 million to fund a veterinary diagnostic center at the University of Nebraska; and
• $4 million to reduce the state’s developmental disability waiting list.

LB 969 passed 44-3, providing for various transfers, including:

• up to $3.8 million to the Ethanol Production Incentive Cash (EPIC) Fund;
• reduce the amount transferred to the Nebraska Health Care Cash Fund;
• create the State Colleges Sport Facilities Cash Fund
• transfer $99,600 from the state Department of Administrative Services State Insurance Fund to the Roads Operations Cash Fund; and
• create the World Day on the Mall Cash Fund.

LB 131 passed on a 43-1 vote to allow for cash fund transfers, including:

• $50 million for a cancer research center at the UNMC;
• $15 million for the UNMC College of Nursing and School of Allied Health Professions at the University of Nebraska in Kearney;
• $7.5 million for improvements to the Oak Bowl at Peru State College;
• $6.7 million for renovation of the Armstrong Gymnasium at Chadron State College; and
• $800,000 for the Centennial Mall renovation project in Lincoln.

I supported passage of LR 40CA, to amend the Nebraska Constitution to declare fishing, hunting, and trapping to be preserved rights in our state. The bill will be on this November’s general election ballot for a vote of the people.

We resumed debate on LB 239, requiring voter ID. After a filibuster on the bill, the necessary 33 votes could not be achieved to invoke cloture and take a vote on advancement of LB 239. I do not expect this bill to be taken up again this session.

LB 1050, introduced by Senator Cornett, was debated on General File to allow the state tax commissioner to contract with procurement processing companies.  Upon approval by the Governor, incentives are offered to companies for locating procurement operations in Nebraska.  I believet his relatively new idea is important for our state, providing an opportunity for growth and new jobs.

We also debated LB 745, introduced by Senator Fischer, to limit the occupation tax. As introduced, LB 745 would have required that any proposed occupation tax be subject to a vote of the people, have a specific purpose and a sunset date. The bill was diluted after a compromise, and a proposed occupation tax is subject to a public vote if the projected revenue exceeded:
• $6 million for cities of the metropolitan class;
• $3 million for cities of the primary class;
• $700,000 for cities of the first class; and
• $300,000 for cities of the second class and villages.

LB 745 advanced to Select File.

The Legislature debated LB 1161, introduced by Senator Smith, regarding regulation of oil pipelines. With the Natural Resources Committee amendment, LB 1161 advanced to Select File 35-2. The bill makes revisions to LB 1, passed during the Special Session last fall. The bill broadens DEQ’s authority to study proposed pipeline routes to determine the route of an oil pipeline within the state for inclusion in an application to federal agencies. LB 1161 is effective for pipelines proposed after January 1, 2013.

On March 30, LB 1039, a bill I introduced to increase penalties for violating school bus stop laws passed unanimously on Final Reading. Thanks to the support, particularly from Washington County, for seeking additional awareness and protection for our children.

Thanks also to fourth graders from Arlington who visited the Capitol and were even greeted by Governor Heineman. With only six days remaining in this session, we will have to buckle down and work late into the evening, and make difficult decisions.

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

Senator Lydia Brasch

District 16