Weekly Column

February 14th, 2012

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

Column

February 6th, 2012

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

Column

February 6th, 2012

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

Weekly Column

January 23rd, 2012

Afternoons at the Legislature are full of activity as committee hearings began this
past week.  Although I enjoyed serving as a member of the Government,
Military, and Veterans Affairs Committee, I took my new position as a
member of the Revenue Committee.  I am excited about this new
opportunity to represent District 16 on this important committee as
we address taxation and economic development policy in our state.

I returned to the Government, Military, and Veterans Affairs Committee to introduce
LB 775 on behalf of State Auditor Foley.  The bill streamlines the
process for the auditor to disclose audit working papers to law
enforcement agencies for the purpose of a criminal investigation.
Current law only allows the auditor to provide the audit working
papers to the Attorney General or county attorney, as well as the
Legislative Performance Audit Committee.  Additionally, the bill
allows for disclosure of these working papers to an outside
contractor that the auditor may employ for an extraordinary audit.
At this time, the committee has taken no action on LB 775.

During General File debate, the Legislature took up a bill of particular importance
to City of Blair.  LB 352 was introduced by Senator Lautenbaugh, who
represented Blair prior to it becoming part of District 16.  This
legislation amends the Airport Zoning Act by extending the instrument
runway approach from three to ten miles.  In doing so, it protects
the air space for airport use and associated economic development and
airports in our state will be in compliance with Federal Aviation
Administration standards, which also means qualifying for life-flight
landings.  I support this legislation, and LB 352  advanced to Select
File.

The Legislature spent the majority of the week debating LB 418.  This legislation,
introduced by Senator John Nelson, exempts auto-dialing campaign
calls from registration under the Public Service Commission, giving
sole regulation of the calls to the Nebraska Accountability and
Disclosure Commission rather than requiring registration with both
agencies.  Opponents of LB 418 filibustered the bill, questioning the
need for the change and  a level of regulation of the calls.  I
support the bill and do not consider it efficient or necessary to
have two agencies monitoring the same calls.  Debate on LB 418 will
continue.

In light of the recent Missouri River flooding, I introduced two bills pertaining to
natural disasters.  LB 1109 deals with agriculture land valuations,
and LB 1110 addresses the need for permanent and temporary housing
assistance.  I will explain these in greater detail in future
columns.

Chief Justice Michael Heavican presented his State of the Judiciary Address to the
Legislature on January 19.  Chief Justice Heavican spoke about
legislation passed last session (LB 157) that benefits our aging
population as adult guardianship and conservatorship issues become
more prevalent with an increasing number of elderly citizens.  Chief
Justice Heavican said recent statutory changes amount to more checks
and balances and greater protection for vulnerable elderly.  He also
spoke about child welfare cases and the courts as we continue to
identify how, through interbranch cooperation, we can best and more
speedily address solutions and programs for foster children, child
welfare cases, and abused and neglected children.  He also touched
upon meaningful, effective, and less costly incarceration
alternatives, as well as the court’s efficiency and use of technology
in establishing an electronic pay system online for fees and fines.
Lastly, with budget constraints, the Chief Justice spoke about the
courts doing more with less while meeting constitutional
responsibilities.

I had the opportunity to visit with a number of constituents.  During the week,
I attended events with dental hygienists and volunteer firefighters
from our district and also attended a luncheon hosted by Great Plains
Communications.  On Friday evening, my husband, Lee, and I attended
the Blair Area Chamber of Commerce Awards and Banquet Ceremony.  I
enjoyed meeting and visiting with many constituents who have great
visions.

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

Senator Lydia Brasch

Weekly Column

January 17th, 2012

The second week of the Legislature continued with the introduction of
bills. I continue to work on preparing bill drafts to be introduced,
and I did introduce one bill this week, LB 930. This proposal was
brought to me by constituents in Burt County who would like to be
able to drive golf carts in town.  The bill was initially a request
from a constituent and petition initiated in Oakland.  However, this
legislation is most recently also important to Tekamah residents and
golfers should the golf course be annexed and thus, fall within city
limits. To summarize, LB 930 grants cities and villages the ability
to authorize the use of golf car vehicles, and they may place
additional safety requirements and further restrictions on the use of
golf carts within their jurisdiction. Several senators signed onto
the bill as co-sponsors, and a public hearing will be scheduled
before the Transportation and Telecommunications Committee.

On January 12 Governor Heineman gave his State of the State Address.  He
acknowledged the eight senators who will be leaving the body after
this session due to term limits.  The governor also pointed to a more
promising financial outlook with increased tax receipts of $349
million.  With this in mind, the governor pointed to notable
legislation to reduce the burden placed upon our taxpayers, in
particular the middle class.  Also, as part of his tax proposals, he
expressed intent to provide state corporate tax relief and to
eliminate Nebraska’s inheritance tax.  Additional legislative matters
that the Governor mentioned in his State of the State included the
focus we will place this session on child welfare reform and the need
to work together on a resolution for the benefit of struggling
children and families.  Also acknowledged was the state’s need to act
on creating a health care exchange, despite the fact that the federal
health care law is tied up in court at this time.  Merging two state
departments, the Department of Labor and the Department of Economic
Development are also items on the legislative agenda. Rightly so, the
Governor, myself, and other senators and elected officials share
enthusiasm about the future of our state and the potential for
further success going forward.

A bill I introduced last session, LB 343, was carried over to this year
and taken up by the Legislature on General File.  The bill was
brought to me by the Board of Examiners for Land Surveyors and would
have allowed the Board to set their own educational requirements for
land surveyors through the rules and regulations process.  They
sought this legislation because of their intent to gradually increase
educational requirements over a period of time, and they determined
it to be more sensical to do this through the rules and regulations
as similar industries already do.  However, during debate some
concerns were raised about taking away necessary legislative
oversight, and the decision was made to lay over the bill
indefinitely, meaning we will not see LB 343 debated again this
session.  Instead, I fully expect to carry a bill next session for
the Board that will include elevated education requirements that will
be part of and remain in state statute.

Committee hearings begin on Tuesday, January 17.  The Legislature will convene
for debate in the morning, and hearings will begin in the afternoon
at 1:30.  Please contact me if you have an interest in testifying at
a committee hearing as the public’s input is crucial to the process
and the outcome of legislation.

Outside of the legislative chambers, I have met with constituents across the
district who have come to Lincoln to visit on issues of significance
to them.  Various organizations have sponsored events where I have
had the opportunity to visit with professionals in our district.  It
is encouraging to see involvement in the legislative process and get
direct feedback on the implications of legislation that I will be
voting on.  As always, please feel free to contact me with questions
or concerns, and stop by your District 16 office if you visit Lincoln
or the State Capitol.

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

Senator Lydia Brasch

District 16

 

Weekly Column

January 17th, 2012

Wednesday, January 4, marked the start of the second session of the 102nd Legislature. Bill introductions began continue until the tenth day, Thursday, January 19. Sadly, this session began with only 48 of our 49 senators. Prior to the start of session, Senator Dennis Utter, District 33, passed away. Senator Utter was a respected member of the Legislature, and his presence and work will be missed. My condolences to his family, including his son, Mark, a distinguished, former District 16 member.

I am continuing work on draft proposals and have introduced a bill at the request of State Auditor, Mike Foley. This bill, LB 775, allows the auditor to assist with law enforcement agency investigations by making audit working papers available to law enforcement. Current law only allows the auditor to provide these working papers to the Attorney General, a county attorney, or the Performance Audit Committee who direct the auditor to law enforcement agencies. LB 775 allows the auditor to directly provide the working papers to law enforcement agencies for conducting criminal investigations that may be revealed in the course of an audit. The bill was referenced to the Government, Military, and Veterans Affairs Committee for a public hearing.

Some of the legislation I am working on has come directly from you, our District 16 constituents. This includes proposals allowing cities to authorize the use of golf carts locally, increasing penalties for violating school bus laws, and legislation that pertains to the recent Missouri River flood events and aftermath. I will talk more specifically about each bill in future columns.

I also co-signed several bills introduced by other senators: LB 815, changes the penalty and statute of limitations regarding concealing the death of another person; LB 766, extends the authority of the Adjutant General to cover hazmat emergency response; LB 876, requires that a patient who receives a mammography is provided with breast density information; LB 850, creates an income tax incentive for individuals moving to certain rural communities with decreasing populations; and LB 781, makes the excise tax on products manufactured by Brewpubs, Microbreweries, Farm Wineries, and Micro Distillers consistent with the federal tax.

As a member of the Rules Committee, as is standard at the start of each session, we conducted a hearing on proposed Rules of the Legislature. The Rules Committee will meet to discuss which proposed rule changes will advance and be debated by the full Legislature on January 11.

Debate of carry over legislation will also begin on Wednesday, January 11. LB 343, to change land survey registration requirements, is one of the bills I introduced that is on General File to be taken up by the Legislature. We will begin public hearings on bills introduced this session on January 17. The standing committees I serve on are Agriculture, General Affairs, and Government, Military, and Veterans Affairs.

We will have much to accomplish in this short, 60-day session. A major issue to address is child welfare reform. The Speaker of the Legislature and the Health and Human Services Committee indicated that this will be a priority as there are many critical issues that must be addressed to improve the system impacting the well-being of our children and ensure funds are efficiently used.

To our District 16 clergyman and ministers, we welcome you to serve as “Chaplain of the Day” and say a prayer before the start of legislative session. Please contact Jamie Kruse in the Clerk’s Office at jkruse@leg.ne.gov with your name, church, address, and phone number if you are interested in volunteering for the morning prayer during the 2012 session.

If you have the opportunity to come to Lincoln and visit the State Capitol Building, I welcome you to visit your District 16 office, Room 1529. Your interest and views on legislation is appreciated, and I do hope to hear from you on important policy proposals.

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

Senator Lydia Brasch, District 16

Senator Brasch Signs Letter to U.S. Department of Labor

December 1st, 2011

FOR IMMEDIATE RELEASE

Lincoln, Nebraska - December 1, 2011 – Senator Lydia Brasch, District 16, signed on to a letter to the U.S. Department of Labor expressing great disappointment with the department’s proposed changes to the Child Labor Regulations that will prohibit the employment of young workers in agriculture.  The letter is signed by other state senators and many Nebraska ag groups.  Posted below, the letter urges the proposed regulations to be withdrawn by the department to allow an opportunity for discussion with agriculture producers who are directly involved and affected by any proposed changes.

Emphasizing the importance of engaging our youth in agriculture, Senator Brasch said, “Safety of our youth assisting in farm and ranch operations is critical; however, the Department of Labor must enact reasonable regulations.  Our youth need opportunities to work in agriculture and continue the legacy of this invaluable profession.”

 

Secretary Hilda L. Solis
United States Department of Labor
Wage and Hour Division

200 Constitution Ave., NW
Washington, DC 20210

RE: RIN 1235-AA06

 

Dear Secretary Solis,

Early and extensive training of younger generations is vital to the future of the agriculture industry.  On behalf of agriculture producers in the state of Nebraska we write today to inform you of our disappointment in the most recent proposed Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations—Civil Money Penalties as published at 76 F.R. 54836-54885.

The proposed regulations demonstrate a complete lack of understanding of agriculture and the people whose livelihood stems from the industry.  Rather than working together to achieve pragmatic safety solutions, the U.S. Department of Labor has proposed a set of regulations that will effectively prohibit all young workers from being employed in agriculture.  We would encourage you to withdraw the proposed regulations and bring together a group of interested stakeholders, including agricultural producers, to discuss such an important issue—safety. 

Involving agricultural producers in this dialogue is imperative to shed light on how illogical the proposed regulations are and to coordinate a safety effort that emphasizes the improvements that have already taken place within the agriculture industry.  A few instances showing the necessity of involving agricultural producers are:

·   Farm and ranch operations often organize as business entities to take advantage of tax and liability benefits.  These entities are created by family members or neighbors. The safety precautions justifying a parental exemption still exist when a child is employed by such an entity.  The parental exemption is completely eroded if it does not allow children to still be employed by these types of operations under the exemption.

·  Dramatic improvements in the area of rollover guards and operator presence technology make power driven equipment much safer than in decades past and have been adopted on most new equipment coming off production lines.  Completely banning children from operating all power driven equipment is unreasonable when these types of protections exist.

·  The extensive education and vast adoption of low stress handling techniques for livestock, like those advocated through the Beef Quality Assurance program, Pork Quality Assurance program (PQA+), United Egg Producers Certified Animal Welfare Program or Animal Care – Best Management Practices for Production & Slaughter program have increased the safe handling of livestock.  Prohibiting children from herding livestock, interacting with them in pens and administering care is unfounded when these types of techniques are in place.

These are just a few examples indicating the safety improvements in agriculture that have been entirely disregarded in the proposed regulations and point out why it is essential that they be withdrawn and further discussion opportunities be established where agricultural producers are involved.

 

Sincerely,

Farm Credit Services of America

Nebraska Agricultural Educators Association

Nebraska Cattlemen, Inc.

Nebraska Corn Growers Association

Nebraska Farm Bureau

Nebraska Grain Sorghum Producers

Nebraska Poultry Industries

Nebraska Pork Producers

Nebraska State Dairy Association

Nebraska State Grange

Nebraska Soybean Association

Lydia Brasch, Nebraska State Senator, District 16

Tom Carlson, Nebraska State Senator, District 38

Deb Fischer, Nebraska State Senator, District 43

Norm Wallman, Nebraska State Senator, District 30

Doug Bergman
Arapahoe, Nebraska

John M. Childears, ARA
President, Broker
Agri Affiliates, Inc.
North Platte, Nebraska

Glen Amateis, Clay Leithead & Naomi Loomis
Double A Feed, Inc.
Bridgeport, Nebraska

Jim Fehringer
Fehringer & Mielak, LLP
Columbus, Nebraska

Larry Wilcox
Sr. Vice President
Minden Exchange Bank & Trust Co.
Minden, Nebraska

Ryan Reiber
Panhandle Rural Electric Membership Association
Alliance, Nebraska

Janice Harrop & Jeremey Shiers
Security State Bank
Ansley, Nebraska

Russ Ropte
Shonsey & Associates
Grand Island, Nebraska

 

 

###

November 30th, 2011

After fifteen days, the special session of the Legislature adjourned on November 22. I consider the session to have been a success and believe most citizens are satisfied with what was accomplished – addressing concerns with pipeline siting. In brief, TransCanada agreed to move the Keystone XL out of the Sandhills, and two bills were passed, LB 1 and LB 4.

LB 1, introduced by Senator Dubas, creates a process for routing future pipelines in Nebraska, known as the Major Oil Pipeline Siting Act. The bill requires an application be filed with the Public Service Commission, including a statement about why the particular route was selected in order to construct a major oil pipeline. The applicant is responsible for paying the fees for a public hearing for citizens to voice their opinions on the proposed route. The PSC must schedule the public hearing within 60 days and will be required to follow a 7 month timeline, with the possibility of a 12 month extension, to determine approval of the application. LB 1 requires the application be approved before eminent domain rights may be granted.

LB 4 enables us to collaborate with the federal government, specifically the U.S. Department of State, on oil pipelines in Nebraska. We will conduct a supplemental environmental impact statement (EIS) on a new Keystone XL route proposed by TransCanada. The Department of Environmental Quality is charged with conducting this study, and in an effort to complete a transparent and objective study and to serve the citizens of this state, LB 4 does require that the state pay for this study, estimated to be approximately $2 million.

As I previously mentioned, the special session gave me an opportunity to introduce a legislative resolution, LR 12, regarding the Missouri River floods. On November 21 this resolution was voted on by the Legislature and adopted with full support. Senators spoke on the floor about those who went above and beyond to serve in the midst of the flooding and addressed the need for necessary changes to avoid another devastating flood event. It was a privilege to bring much needed attention to the flooding, victims, damages, volunteers, government officials, and the critical clean-up measures ahead.

The body also took up LR 8, introduced by Senator Louden, to “urge the United States Postal Service to reconsider its plan to close rural post offices in Nebraska.” This impacts our legislative district as the Village of Craig faces the closing of its post office. As you know, the post office is a valued community center. I believe our postal services needs to look for inefficiencies elsewhere as these rural post offices are run efficiently and have a significant role in our towns. LR 8 also was adopted by the Legislature.

Lastly, it’s widely known we are experiencing a diesel shortage. I have heard from several of you who have serious concerns with the availability of this essential commodity. I sent a letter to Governor Heineman to encourage him to issue a hours of service waiver for diesel haulers, so they have extended driving time to haul more diesel since they must now travel greater distances or wait longer. Hopefully such a waiver will ease some of the problems experienced with the shortage, and the refineries will complete maintenance and other services to resume regular diesel supply soon.

During this November month, we reflect on families, veterans, harvest, and all that we are thankful for. May you also remember and recognize all of the blessings in our lives as we celebrate this holiday season.

It is an honor to represent you, and I look forward to picking up this pen again when the Legislature convenes for session on January 4, 2012.

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

Senator Lydia Brasch, District 16

November 30th, 2011

With summer a memory, fall in the air, and harvest nearly completed, legislative activity is mounting. During the interim I have been privileged to meet so many new faces and work on important issues in our district. My staff and I visited many communities and look forward to future visits. These face-to-face meetings provided an opportunity to speak openly about legislative questions, potential policy issues, and simply to say “hello.”

With new district boundaries established in May, our legislative district has taken on a new appearance, and I have met many new constituents and friends. Unfortunately, meetings were not always under the best of circumstances as I was introduced to many impacted by the Missouri River flooding. With Burt and Washington Counties experiencing flood devastation, I spent a great deal of time attending meetings, touring damage, and even spending a few nights at the dormitories in Blair with flood victims. The outpour of assistance from our communities is humbling and encouraging. I had extensive and regular communication with government agencies, representatives and many others participating in the flood response. Although the flood waters receded, the repairs and damage are present with a lasting impact. As your elected representative, I continue to be engaged in this critical issue as we move forward.

The proposed TransCanada Keystone XL Pipeline has also taken the spotlight in the Legislature and captured the attention of citizens statewide. Although the proposed pipeline route does not run through our district, I have heard from many of you on this issue. As you are likely aware, this issue has prompted Governor Heineman to call a special session to enact pipeline legislation. The proposed route is of concern to many, including me, because of the plan to route it through the Sandhills and over the Ogallala Aquifer, our precious water resource. As an international pipeline, the U.S. Department of State approves or denies the pipeline; a decision is expected before the year’s end, although recent rumblings indicate a potentially delayed decision. Nevertheless, there are a number of legal questions with regards to what laws our state can enact for pipeline siting, specifically, to impact this pipeline.

Leading up to the announced special session, on October 3rd we received draft legislation from Senator Annette Dubas to create a process for pipeline siting in Nebraska. Following this, Speaker Mike Flood held a press conference on October 5th to announce a meeting between TransCanada and Senators Chris Langemeier, Annette Dubas, and Kate Sullivan. The meeting resulted in TransCanada declining to move the pipeline route, instead, offering additional safety reinforcements. Speaker Flood presented us with his legal analysis of Senator Dubas’ bill draft where he acknowledged constitutional and federal pre-emption concerns that went into his decision not to support a special session. Since this time, Senator Dubas has revised her bill, engaging several reputable attorneys in the process.

This brings us to the present with the Governor’s call for a special session beginning on Tuesday, November 1. What will come of this is yet to be determined. Most importantly, we are carefully considering all prospective legislative action, weighing all legal and constitutional constraints, and listening to constituents. I have appreciated hearing from many of you. To be candid, my position is not in opposition of the pipeline; rather, I share the view of Gov. Heineman, U.S. Senators Johanns and Nelson, State Senators Avery and Fulton, among many others, that we must safeguard our water resources to protect the people and future generations, as well as our agriculture industry. We owe it to our citizens to carefully review and openly discuss this issue. Please feel free to contact me regarding your views on the pipeline, as well as any other legislative issues as we prepare for the upcoming legislative session in January.

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

Senator Lydia Brasch, District 16

Community Coffee in Bancroft

June 14th, 2011

Senator Brasch looks forward to visiting with you about legislative matters at a community coffee event on Wednesday, June 22 from 8:00-10:00 a.m. at The Country Pub, 409 Main Street, Bancroft.