FOR IMMEDIATE RELEASE

Monday, February 27, 2012

Contact:  Matt Boever

Phone:  (402) 471-2929

Lincoln, NE — Greetings from your State Capitol. Today marks Day 34 of this 60-day “short” session. Committee hearings have wrapped up, and we have moved to full day floor debate.

February 16^th was the deadline for Senators and Committees to identify priority legislation for this session. Each senator designates one priority bill; each committee designates two priority bills; and, as Speaker, I designate an additional 25 priority bills. My job, as Speaker, is to provide an opportunity for the Legislature to debate each of the 104 priority bills if advanced out of committee. In this week’s Capitol Update, I would like to highlight a few of the “Speaker priority” bills.

LB 793, introduced by Sen. Scott Lautenbaugh of Omaha, would limit frivolous lawsuits filed by prisoners at public expense. It would prohibit a prisoner from filing a civil action, other than for post-conviction relief or a petition for habeas corpus relief, in forma pauperis (without liability for court fees or costs) if the prisoner has filed three or more civil actions in state or federal court that have been declared frivolous by the court. The bill has been placed on General File with a Judiciary Committee amendment.

LB 888, the Historic Property Restoration and Reuse Act, was introduced by Sen. Abbie Cornett of Bellevue. This bill provides a 25% credit against state income tax for developers who rehabilitate historically significant properties. LB 888 applies to properties that are either (a) federally listed, (b) state listed, or (c) designated by local ordinance. The intent with LB 888 is to drive economic development in both rural and urban communities by leveraging tax credits to generate private investment in historic properties and districts. The bill is being held by the Revenue Committee.

LB 990 was introduced by Sen. Tony Fulton of Lincoln. It would require the display of the flags of the United States and the State of Nebraska in public school classrooms of Nebraska. The bill also requires the leading of students in a group recitation of the Pledge of Allegiance during the first class of each school day. LB 990 is in the Education Committee.

Finally, Sen. Steve Lathrop of Omaha introduced LB 1155, a bill that would increase the penalty for any person who is found guilty of operating a motor vehicle when his or her operator’s license has been revoked or impounded for a fourth or subsequent offense. The bill would elevate driving under such circumstances to a Class I misdemeanor. LB 1155 had a hearing earlier this month before the Transportation and Telecommunications Committee, and it is on General File.

As always, I welcome hearing from you, and, if I can ever be of assistance to you or your family, please feel free to contact me at (402) 471-2929, mflood@leg.ne.gov, or via U.S. mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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FOR IMMEDIATE RELEASE

Monday, February 13, 2012

Contact:  Matt Boever

Phone:  (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. Public hearings continue in the afternoons as Committees look to wrap up bill introductions by the end of next week. By the end of this week, Senators and Committees will have identified their priority bills. One of the bills I expect to receive a priority designation is LB 1113, a bill I introduced that adopts the Nebraska Uniform Power of Attorney Act.

To provide some background, a power of attorney is a written instrument granting someone authority to act as an “agent” in the place of the “principal.” The principal is simply a person who grants authority to an agent in a power of attorney. A power of attorney is commonly used to allow individuals with an inexpensive, non-judicial method of surrogate property management in the event of the later incapacity of the grantor, such as when he or she is impaired due to illness.

The Uniform Law Commission, which drafted the original Uniform Power of Attorney Act, has worked for over a century on the improvement of state laws by drafting uniform state laws on subjects where uniformity is desirable and practicable. A national study of durable powers of attorney, conducted in 2002, revealed the need to address numerous issues not contemplated in previous power of attorney acts, such as the authority of multiple agents, the authority of later-appointed guardians, and the impact of dissolution or annulment of the principal’s marriage to the agent.  The study also revealed other topics about which the states had legislated, although not necessarily in a divergent manner, including: successor agents, execution requirements, portability, sanctions for dishonor of a power of attorney, and restrictions on powers that alter a principal’s estate plan.  In a national survey, trust and estate lawyers’ responses demonstrated a high degree of consensus about the need to improve portability and acceptance of powers of attorneys as well as the need to better protect incapacitated principals.

In the fall of 2008, the Real Property, Probate, and Trust Law Section of the Nebraska Bar Association formed a committee to study the Uniform Power of Attorney Act and to make any Nebraska-specific changes. The members of the committee, local experts on the legal issues involved, met many times in the last couple years. LB 1113 is the result of their dedicated work. The bill has a public hearing scheduled for Wednesday, February 15, in front of the Judiciary Committee in Room 1113 of the State Capitol. The full text of the bill is available here.

As always, I welcome hearing from you, and, if I can ever be of assistance to you or your family, please feel free to contact me at (402) 471-2929, mflood@leg.ne.gov, or via U.S. mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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FOR IMMEDIATE RELEASE

Monday, February 6, 2012

Contact: Matt Boever

Phone: (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. This afternoon, the Legislature’s Transportation and Telecommunications Committee held a public hearing on LB 1112, a bill I introduced concerning state highway construction planning. The bill adds an additional factor for the Department of Roads to consider in establishing priorities for its state highway system long-range plan. The Department currently considers several factors: current and projected traffic volume, safety requirements, economic development needs, current and projected demographic trends, and enhancement of the quality of life for all Nebraska citizens. LB 1112 would add a new consideration: whether funding is available for a project from a local entity, such as a town or county.

Last session, the Legislature passed an important highway funding bill, Sen. Deb Fischer’s LB 84, which, beginning in 2013, will dedicate a quarter of one cent of existing state sales tax for roads funding. The new law is expected to provide $60 million to $65 million annually for badly needed road construction projects. As evidenced from its most recent 10-year plan, this LB 84 funding has allowed the Department of Roads to take several projects off the shelf, including the Highway 30 project between Schuyler and Fremont, which, when completed, would connect Columbus and Omaha with four lanes.

Close to my hometown of Norfolk, finishing the 50 miles of expressway on Highway 275 between Tony’s Steak house and Scribner is vital to our long-term economic success and livelihood in northeast Nebraska. This Highway 275 project is not part of the Department’s current 10-year plan, and it is not my intent with LB 1112 to require the Department to reshuffle its current highway project priorities. But LB 1112 does require the Department to consider, at least, whether there is local buy-in. In other words, if it is important enough for a community or several several communities to invest part of their limited resources toward a highway construction project, it should be important enough for the Department to consider this cooperation when it sets project priorities. Because, for cities like Norfolk and other communities located off an interstate, good roads provide needed mobility, connect our communities, and promote economic development.

As always, I welcome hearing from you, and, if I can ever be of assistance to you or your family, please feel free to contact me at (402) 471-2929, mflood@leg.ne.gov, or via U.S. mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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