Unicameral Update
Senator Dave Bloomfield
January 20, 2012

It is good to live in Nebraska! While the rest of the nation struggles with unemployment in the range of 8.6%, we are blessed to be at about 4.2%.  While other states are considering tax increases, we are actually talking about possible tax cuts!  GO BIG RED!!! 

The first full week of morning debate and afternoon hearings has ended. Every session, the tenth day of that session is the last day for State Senators to introduce bills. A total of 468 (too many) bills were introduced this year. The first filibuster of the session is under way as well. The full Legislature has heard hours of debate on LB 418, nicknamed the robocall bill. LB 418, introduced by Senator John Nelson of Omaha, would change state regulations on robocalls.  (Robocalls are those automatically generated calls with a recorded message that we all get.) Currently, the Public Service Commission and the Nebraska Accountability and Disclosure Commission regulate these calls by requiring the sponsors to identify themselves and submit a script within 24 hours of placing a call. LB 418 would remove oversight by the Public Services Commission and leave the calls totally under the authority of the Accountability and Disclosure Commission.  Proponents claim that the current laws are burdensome and hard to follow because of the need to contact two different agencies with in the  government. Opponents of the bill say the current regulations are not burdensome and do not limit speech; the laws simply make people accountable for what they are saying. The debate will continue into next week.  I don’t know anyone who likes the robocalls, but they are protected under the First Amendment of the U.S. Constitution. 

I introduced one of my three new bills on Wednesday before the Health and Human Services Committee. LB 723 was brought to me the the Department of Health and Human Services. It is a technical bill that brings Nebraska statutes back in line with federal law concerning the Nebraska Safe Drinking Water Act. It changes the term “small system” in the Act to “public water system serving fewer than 10,000 persons.” The Chief Medical Officer of the State (Dr. Joann Schaefer) testified in favor of the bill, and was the only other person offering testimony of LB 723. The Health Committee took no action on this bill to date.  My two other bills are concerned with issues pertaining to the Health and Human Services Department.

President Barack Obama announced a major decision that directly affects Nebraska this week. The Department of State, with the backing of the President, denied TransCanada’s request for a permit to build the Keystone Pipeline. In a written statement, the President said a February 21st deadline placed upon his Administration prevented a full assessment of the pipeline’s impact on the health and safety of the American people as well as our environment. TransCanada has said that it will submit a new permit application and will continue to work with the Nebraska Department of Environmental Quality to find an alternative route through Nebraska. The Company has also said they still hope to have a pipeline in place and in service by 2014. I am personally disappointed that the Keystone Pipeline was not given a permit. This issue has become and remains a “political football”, it is too bad that presidential politics has gotten in the way of job creation and an increased supply of crude oil.  There is still hope, however, that Nebraska will not miss out totally on this opportunity.  The pipeline though delayed, is not necessarily completely dead.  

Unicameral Update
Senator Dave Bloomfield
January 13, 2012

The Pledge of Allegiance will be recited on a weekly basis in the Nebraska Legislative Chamber. I was honored to be the first State Senator to lead my colleagues in saying this oath last Monday. Last year, I asked the leadership of the Legislature if we could begin each day with the Pledge of Allegiance. Nothing was decided during session, so I asked again during the interim to consider this request. An agreement was reached to begin each legislative week with the Pledge of Allegiance and then make a decision on whether to keep saying the oath on a weekly basis, change to a daily basis, or stop it all together. My colleagues, including Speaker Mike Flood, have been supportive of this change in our weekly schedule. I am hopeful that it will become a daily event next year, and appreciate the opportunity to make this important change. (On a similar note, Senator Tony Fulton of Lincoln, who will lead the Pledge on Tuesday, January 20th, introduced LB 990, which would require public schools to display the flag of the United States, and recite the Pledge of Allegiance every day school is open and in session. I support this legislation.)

This week consisted of bill introduction, discussion of legislative rules, and the Governor’s State of the State Address. Two hundred ninety bills have been introduced so far this year, and there are three more days of bill introduction this session. At the beginning of each year, members are given an opportunity to change our rules that govern legislative procedures. One of the major changes debated last week was whether State Senators should be allowed to use their laptops during legislative hearings. Many senators spoke against this proposal, saying they did not want Nebraska citizens to feel as if they were not heard when they testified on legislation. No vote was taken on this change, as it was withdrawn after a lengthy discussion.

Governor Dave Heineman gave his State of the State Address to the Nebraska Legislature. This is the Governor’s opportunity to outline some of the key legislation that he would like to see passed during the upcoming session. It is also an opportunity for him to discuss his budget proposals. The Governor has proposed a number of tax cuts to be implemented this session. I am hopeful that we can accomplish many of them.

One important bill that was just introduced is LB 968. Senator Annette Dubas of Fullerton introduced the bill, which would eliminate sales and use taxes on the sale, lease or rental of repair or replacement parts for agricultural machinery or equipment used in commercial agriculture. I believe this is an important change, and I will be a co-signer of this legislation. For too many years, Nebraska agriculture producers and implement dealers have had a disadvantage compared to surrounding states who do not have to deal with this tax. I will keep you informed on any progress made on this bill.

You will also find my name attached to several bills coming out of the Health and Human Services Committee.  We are attempting to improve a system that has for too long been “out of whack.”  I will be mentioning these bills as the year progresses. These are, I think, the most important decisions that will be made by your legislators this year.  These will deal not just with the quality of life for our most vulnerable citizens, but in some cases the very difference between life and death.  This is not an area where we can make decisions based on just saving tax dollars.  I unashamedly ask for your prayers for wisdom not only for me, but for all of us, as we deal with this vital issue.

Next week, legislative hearings begin in the afternoons at 1:30 pm every day. Mornings consist of debate on the Legislative floor. You can find information on the Legislature, committees, proposed bills, and even watch morning debate and committee hearings on-line. The websites with this information are:  www.nebraskalegislature.gov and http://www.netnebraska.org/publicmedia/capitol.html .

Unicameral Update
Senator Dave Bloomfield
January 6, 2012

The Nebraska Legislature is back in session. Forty-eight (Senator Utter’s untimely death leaves not only a vacant chair, but also a huge hole in the heart of your legislature) state senators met in Lincoln on Wednesday, January 4th, to introduce bills, and prepare for legislative hearings and floor debate. During the first three days of the session, 173 bills were introduced. All of these bills will be assigned to legislative committees and each will be given a public hearing. Committees than have the option of (1) advancing a bill to the floor for further debate, (2) killing a bill, or (3) taking no action on a bill and holding it in committee.

I have introduced one bill so far. The Nebraska Department of Health asked me to introduce a bill on their behalf. Their bill, LB 723, alters the Nebraska Safe Drinking Water Act by changing a definition of small (water) system. The federal government no longer uses the words “small system” for water systems serving fewer than ten thousand people The Environmental Protection Act (EPA) calls such systems “public water systems.” LB 723, if passed, would put Nebraska statutes back in line with federal law by using the same terminology for the same water systems. I do not anticipate much, if any, controversy over this bill.  I am not a big believer in introducing bills just to say that I introduced one.  I have always thought that there were too many bills introduced each year.  I haven’t seen anything yet to change my mind.

The legislative process is important because it affects everyone’s life through the bills that are passed and become laws. I encourage each of you to watch floor debate when possible, either on-line http://www.netnebraska.org/publicmedia/capitol.html or through Nebraska Educational Television. Committee hearings, which occur in the afternoons during the first half of the session, are also broadcast at the above on-line site.

After one full year as your representative in the Nebraska Legislature, I can tell you that it is a steep learning curve to understand the way in which an idea becomes a bill and then moves from the committee hearing to the floor, and through three rounds of debate before passage. Information on legislative bills can be found at: www.nebraskalegislature.gov . I welcome your thoughts on proposals as they first move to the various committees. I only have a vote on the following three committees on which I am a member: General Affairs, Agriculture, and Health and Human Services. My contact information is:dbloomfield@leg.ne.gov . My phone number is: 402 – 471 – 2716. My mailing address is: Senator Dave Bloomfield, District #17, State Capitol, PO Box 94604, Lincoln, Nebraska 68509 – 4604. I look forward to hearing from you. 

Unicameral Update
Senator Dave Bloomfield
December 29, 2011

I am saddened to report to all of you that Nebraska has lost a good and loyal friend. As you have probably heard, State Senator Dennis Utter from District 33 at Hastings passed away on Tuesday, December 27. Dennis was a senator that all of us were proud to serve with. His loyalty was to the people of Nebraska. Senator Utter was a valuable source of information and common sense, and he was always willing to share both. Dennis Utter will be missed by the Nebraska Legislature. Governor Heineman, by statute, has 45 days to appoint someone to complete Senator Utter’s term. The Governor will be hard-pressed to find someone to “fill the shoes” of this wise and gentle man.

The Nebraska Legislature reconvenes on January 4, 2012. This year will be a “short” session or a 60 day session. (Every year, the legislative session lasts either 60 or 90 days.) According to the Nebraska Constitution, the Legislature meets on the first Wednesday after the first Monday every January. It is worded this way so that the first day of the session does not occur on January 1st, a federal holiday. After the first day of the session, it is up to the Speaker of the Legislature to create a calendar for the rest of the session. Speaker Mike Flood of Norfolk has planned the 2012 calendar, with the last day of session occurring on April 12th.

State Senators and their staff members are currently busy preparing legislation and scheduling appointments and events for 2012. Generally speaking, between 400 and 600 bills will be introduced during the short sessions (700 – 900 during the long sessions). There are also “carryover” bills, which are bills introduced last year that have not been passed or indefinitely postponed (killed). At the end of the 2012 session, all of the bills introduced in 2011 and 2012 that are awaiting action will be killed, so that a new biennium with new legislators can begin in 2013.

I would like to wish all of you a very Happy New Year. Please feel free to contact my legislative office if you want to share your thoughts on pending legislation or if there is anything that my staff or I can do so assist you. You can reach me at 402 – 471 – 2716. My email address is dbloomfield@leg.ne.gov . My mailing address is Senator Dave Bloomfield, District 17, State Capitol, P.O. Box 94604, Lincoln, Nebraska 68509-4604.

Unicameral Update
Senator Dave Bloomfield
December 16, 2011

I was in Lincoln Wednesday and Thursday this week to attend a series of meetings associated with the release of the Legislature’s Health and Human Services Report. As you know, during the interim, the Health Committee traveled the state gathering information on the Child Welfare System and the current changes taking place to privatize services to state wards and foster families. On Thursday, the Health Committee released its findings regarding the hearings we held and the information we have accumulated. 

The Health Committee’s report is over 400 pages in length. It gives 18 recommendations for the future of the child welfare system. The top five recommendations are: (1) return case management to the State of Nebraska by July 1, 2012. [Initially five companies were designated to take over these duties in the privatization process. Three of the original five companies have withdrawn from the program.] (2) Create the Nebraska Department of Children’s Services, which would oversee all state child welfare programs. (3) Create the Children’s Commission to oversee child welfare in Nebraska. [The Children's Commission would function as an advisory body to all three branches of government.] (4) The Health and Human Services Committee will continue to review child welfare reform, and will issue annual reports from 2012 – 2014. And, (5) Increase Financial Management of the child welfare reform process. The Department of Health and Human Services would be required to report to the Legislature’s Appropriations and Health Committees quarterly on expenditures, and specifically communicate any changes or movement of funds between sub accounts within the child welfare program.

There is so much work to be done in the process of “fixing” the child welfare system. Speaker Mike Flood of Norfolk has indicated his willingness to work with the Health Committee during next year’s regular session to accomplish as much as possible to reform the system. I would like to commend my colleagues on the Health Committee for their hard work during this interim studying the privatization efforts and looking for ways to improve the services we provide to our children and families in need. This 400 + page report will probably result is somewhere between eight to twelve legislative bills in January. I remain hopeful that we can improve services and at the same time make sure the taxpayers’ dollars are being spent in the most helpful and responsible way.  I think we are taking a large step toward improving the system that has disappointed so many people in Nebraska.  I do not think, however, that we can solve all of the issues of concern in one 60 day session.  This is a long term problem that we cannot rush, just so we can say we did something.  

If you would like to look at the LR 37 report that was released on Thursday, you can find it “on line” at: http://www.nebraskalegislature.gov/reports/health.php

As of now, I do not plan on preparing a newsletter next week because of the Christmas Holiday. Our legislative office will close at noon on Friday, December 23rd and we will return on Tuesday, December 27th for business. I would like to wish each and all of you a merry and a very blessed Christmas.  Please remember those who serve our nation, both home and away.

Unicameral Update
Senator Dave Bloomfield
December 9, 2011

This week, I traveled to Lincoln on two different occasions. On Monday, the Health and Human Services Committee had a full day of meetings / hearings. We started at 8:00 am with a meeting with Governor Heineman. We were discussing various changes that will probably be proposed by the Health Committee when the regular legislative session begins in January. At 9:00 am, the Foster Care Review Board released their annual report. This year’s report is especially important since it helps us to better understand how the privatization changes have affected both foster children and foster families. At 10:00 am, the Health Committee held a public hearing on LR 197, an interim study to examine issues relating to the implementation of an all-payer claims database in Nebraska. Committee members were invited to a working lunch, where we continued our discussion of proposed legislative changes.

At 1:30 pm, the Health Committee was briefed on Medicaid, psychiatric residential treatment facilities / institutions for mental disease, and community resources. First, we heard from the Department of Health and Human Services. Then contract providers and the public were asked to testify on any insight they could provide to the Committee.  As I have mentioned probably too many times before, working on the problems surrounding special needs children, adoption, foster care, and  folks who are “wards” of the state have pretty well consumed the summer.  I do think that before the next session ends, we will have made good progress toward improving the system.  I certainly do hope so.  

On Wednesday, I returned to Lincoln not only to tidy up some paper work, but also for a very special event. I share a legislative office with Senator Bob Krist of Omaha. One of Senator Krist’s staff members is Rodney Krogh, formerly of South Sioux City. On October 27th, Rod was severely injured in a car accident in Lincoln. He has been recovering both at Lincoln’s Bryan West Hospital and Madonna Rehabilitation Center. On Wednesday, Rod was allowed to come back to the Capitol for a brief time. He is looking forward to returning to the job he loves and helping Senator Krist prepare for the upcoming legislative session. Rod and his family are also planning for his return home – before Christmas.

Rod’s recovery has been nothing short of fantastic. The Good Lord has allowed Rod to live and to improve rapidly. Rod’s strong desire to get better and return home to his wife, Dawn, and son, David, have been very inspiring. For those who know Rod and his family, there is a website that reports on his progress: http://www.caringbridge.org/visit/rodkrogh. I am proud to know Rod. I have known and respected the Krogh family since childhood when Rod’s Grandfather, Erv, ran the Coast to Coast store on Dakota Ave. Rod’s Father, Gordon, later took over and ran the store. It was an honor and a privilege to see Rod walk into the State Capitol Office last Wednesday and continue the process of healing and moving forward after a terrible accident. The work of the medical staff, and the blessings of a gracious God, are truly a miracle.

Unicameral Update
Senator Dave Bloomfield
December 2, 2011

The Thanksgiving break is over, and the Legislature’s Health and Human Services Committee is back at work.

The Health Committee, along with the Legislature’s Appropriations Committee, met on Tuesday in Lincoln to hear testimony on LR 282, a resolution studying the Nebraska Health Care Funding Act. This Act was established in 2001 with Nebraska’s share of the national tobacco settlement agreement and with funds Nebraska collected through a Medicaid billing loophole. The fund was supposed to pay for health-related needs with its earnings for generations.  We were informed Tuesday that the Health Care Funding Act is declining in value, and will probably run out of money if current trends continue.  Unfortunately, more money is going out of the fund than is coming back in. The federal government closed the Medicaid loophole in 2005  the tobacco settlement amounts are projected to keep shrinking, and the volatile investment climate is not good. These things are all part of the reason for the decline in income to the fund. The Nebraska Health Care Funding Act is in part paying for health needs such as biomedical research, children’s health insurance, public health, behavioral health care, developmental disability services, and respite care. Legislators were told that the fund can either continue spending at the current level and disappear over time, or be preserved by reducing the spending level. This issue will probably come before the Health Committee again during the 2012 regular session. It would appear to me that a cut of roughly 20% in spending would keep the thing going for a long, long time. If spending stays the same, it is gone in a few years.

The Health Committee and Appropriations committees also heard testimony on LR 285, a study of the nursing shortage in Nebraska. Testimony was taken on ways the State of Nebraska could be proactive to make sure there are enough nurses to work in the various roles that they fill throughout the state.

The Health Committee listened to testimony on LR 306, an interim study on the effectiveness of the ACCESS Nebraska System. The ACCESS Nebraska System is state government, working with community-based organizations, to serve the various clients. Legislators wanted to hear from both the organizations that work with state government and the people being served to learn how well the state is doing in various geographical areas across the state.  The news doesn’t seem to be real good here either, it seems to me like we are spending plenty of money, and not getting real good results.

My staff members met with representatives from FEMA this week. They were briefed on services provided to the Missouri River flood victims. They were also told about an extension given to Thurston County to allow individuals to apply for assistance. Residents from Thurston County have until December 12th to apply for services. Various meetings are being held in the county to provide help for people who are filling out applications. I have been pretty much  pleased with FEMA employees, and would encourage Thurston County citizens affected by the floods to find out if they qualify for this assistance.  If you have questions about contacting FEMA or need assistance, please contact our office at 402-471-2716 or dbloomfield@leg.ne.gov .

The Christmas season is fast approaching. Enjoy the blessings of faith, family and friends throughout the season.

Unicameral Update
Senator Dave Bloomfield
November 22, 2011

The Legislature’s special session as adjourned Sine Die. Two bills have passed dealing with crude oil pipelines. LB 1 will set up procedures to be followed for all future pipelines through the state. LB 4 deals with current pipelines (Keystone XL) that are already in the works. Governor Dave Heineman signed both bills into law as soon as they were delivered to his office. The special session lasted fifteen days, and hopefully produced legislation that will help preserve our natural resources and allow companies to know what to expect when siting future projects through our state.

I attended a meeting on Monday with members of the Foster Care Review Board (FCRB). Nebraska is very unique is having this oversight board watching over our children in foster care. The FCRB advocates for the best interest of the child in court, and makes sure placements with foster families are safe and appropriate. In 2010, the FCRB traced 8,500+ children in out-of-home care, and conducted 4,730 reviews. The dedication of the state employees who work in this agency is remarkable. The Legislature’s Health Committee has been assisted by the FCRB as we study the privatization of services. There are still many unanswered questions on the whole privatization issue and what we need to do to get on the right track.

As we reach the end of November, I am thankful for many blessings that God has sent our way. I thank you for reading this update and contacting our office at dbloomfield@leg.ne.gov or 402 – 471 – 2716.

Unicameral Update
Senator Dave Bloomfield
November 18, 2011

The third week of the special session has just ended, and we have two more days to go before we adjourn until regular session in January. This special session has been a remarkable experience. When I arrived in Lincoln on November 1st, I did not know if any bills would be advanced out of the Natural Resources Committee. Two bills dealing with pipelines did advance and are headed for passage. LB 1 will set up laws for all future pipeline projects. LB 4 will address all pipeline issues that are currently underway, including the Keystone XL Pipeline. Speaker Flood of Norfolk has worked with all sides on the pipeline issue, including TransCanada, the Sierra Club, the labor unions and various landowners. TransCanada has agreed to look for another route through Nebraska, which will avoid the most fragile parts of the Ogallala Aquifer and the Sand Hills. In return, Nebraska has agreed to pay for the environmental impact statement along the new route, which will cost between $1 and $2 million. This approach should get the project moving in months instead of years.

I am not totally pleased with the final results of the special session, but will support the compromise. The next question will be whether a court challenge will ensue, and if so, will the legislation we pass in special session hold up. I am also concerned that we may have harmed our chances for future contracts that would benefit Nebraska.

You, as constituents, should know that I intend to look into the possibility of establishing an oil refinery in Nebraska. I know that with all the environmental regulations, this is a long shot, but if we truly wish to “grow Nebraska,” I think we need to at least look at the possibility.

I received some very disturbing information from my colleague, Senator LeRoy Louden of Ellsworth. The U.S. Department of Labor has proposed changes to the Current Federal Agricultural Child Labor Provisions. These changes would greatly affect many farm and ranch families, and the ability for our children to gain hands on experience while working with their families. Children under 16 could not operate any power equipment, including tractors, riding lawnmowers, push lawnmowers, and other equipment if in the employment of someone other than their parents (this means even grandparents, uncles, aunts, and neighbors). Young people under 16 could not mow lawns to earn spending money.

Children under 16 would also be excluded from working on a farm in a yard, pen or stall occupied by an intact male equine, porcine, bovine or bison older than six months, a sow with suckling pigs or a cow with new born calf (with umbilical cord present). They cannot engage or assist in animal husbandry practices that inflict pain upon the animal. Poultry catching or cooping in preparation for slaughter or market is prohibited. Children under 16 cannot herd animals in confined spaces such as feed lots or corrals, on horseback, or using motorized vehicles such as trucks or all terrain vehicles.

The intent of these changes, I am told, is to protect youth from injury or harm. The proposed changes, however, deny children the important opportunity to get the hands on knowledge and experience gained by working side by side with their families. I believe these changes are not so much to protect “children” but are actually further infringements by big government on our rights as Americans. We are taking another step down the road of telling young folks that they cannot do anything. Then, we wonder why when they sometimes don’t.

I would encourage everyone to contact our U.S. Senators Ben Nelson and Mike Johanns and ask them to fight these changes proposed by the U.S. Department of Labor. You can reach Senator Nelson’s Lincoln Office at 402 – 441 – 4600. The phone number for Senator Johann’s Lincoln Office is 402 – 476 – 1400.

Senator Greg Adams of York and his staff are preparing Christmas care packages for our deployed troops. I have offered my assistance with this project, and we are looking for names and addresses of Nebraska soldiers who are currently deployed overseas. If you have a loved one serving our Country overseas, please call my office at 402 – 471 – 2716 or email dbloomfield@leg.ne.gov with contact information by Thursday, December 1st. We will share that information with Senator Adams and try to get care packages sent to family members from District 17.

Unicameral Update
Senator Dave Bloomfield
November 10, 2011

Week two of the 2011 Special Session will be remembered as the week of committee hearings. The Nebraska Legislature, the only unicameral in the nation, holds a committee hearing for every bill that is introduced. Committee hearings are a special part of the whole legislative process, and it is the time where the public can participate directly with State Senators. I was especially proud of both the Natural Resources Committee and the Judiciary Committee this last week as I watched committee members patiently listen to hours of testimony. Committee hearings lasted into the evening for three nights in a row. Senators asked many questions of testifiers, and there was a lot of information provided to legislators over the past week. LB 4, introduced by Senator Chris Langemeier, is the only bill that was advanced out of either committee. I have not seen the amended version of the bill at the time of this writing. Floor debate on this bill will begin on Monday afternoon.

While two committees were hearing testimony on bills relating to the Keystone XL Pipeline, other committees held hearings to confirm new members of boards and commissions who were appointed by Governor Heineman. Hearings were also held on legislative resolutions that are substantive in nature (not congratulatory). The Government, Military and Veterans Affairs Committee heard LR 12, introduced by Senator Lydia Brasch of Bancroft. This resolution honors the many volunteers and emergency responders who helped with the 2011 flooding of the Missouri River. It recognizes the extensive damage to both people and property caused by the flooding. LR 12 encourages the Governor, the US Army Corps of Engineers, the United States Congress and the Federal Emergency Management Agency to continue their efforts to develop preemptive measures and other policies and practices that will help to avoid such a disaster from ever occurring again. I attended and testified in favor of LR 12 at this hearing.