Senator Flood’s Capitol Update (3.22.10)

March 23rd, 2010

FOR IMMEDIATE RELEASE

Monday, March 22, 2010

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. On March 16 the Legislature advanced LB 935, the primary  budget bill this session. Two days later, on March 18, senators gave the budget second-round approval. In this week’s Capitol Update, I would like to focus on the proposed solutions in LB 935 for balancing the current budget; I would also like to address some of the expected future challenges.

The Nebraska Economic Forecasting Board, which determines revenue figures used by the Appropriations Committee to craft the state’s budget, met in February and reduced their two-year revenue projections by $31.7 million. Some additional funding demands have compounded these revenue losses:  $15.2 million in supplementary state aid to schools and $3.6 million to compensate local subdivisions for property tax revenue due to homestead exemptions.

LB 935 addresses the revenue shortfall and increased funding demands. The bill calls for an additional 2 percent cut totaling $7.1 million from the same operations and aid programs that received a 5 percent across-the-board cut during the 2009 special session. Select appropriations pertaining to education, health care, and law enforcement will not be subjected to cuts. Along with cash fund transfers from the Securities Act Cash Fund, the Department of Insurance Cash Fund, the Affordable Housing Trust Cash Fund, and the Clerk of the Legislature Cash Fund, LB 935 accomplishes the goal of balancing the state budget this year, at a difficult financial time, without any tax increases.

Much of the discussion during the debate on LB 935 rightfully focused on the upcoming fiscal years. Even with the passage of LB 935 and assuming above-average revenue growth in the coming years, the state budget will experience a shortfall of $670 million in the next biennium. Among the major challenges will be replacing the federal funds that were used for TEEOSA state aid to schools. One bright spot, though, is the $321 million Cash Reserve Fund balance that is projected to be carried forward from the current biennium into the next. This surplus in the state’s savings account could help alleviate the projected shortfall.

Nevertheless, even assuming revenue receipts come close to meeting the optimistic projections, more tough decisions will be in order. Just as in the 2009 special session, when the Legislature cut the budget by $334 million, all options for prioritizing services and streamlining government will again be on the table.

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 by phone at (402) 471-2929, via e-mail at mflood@leg.ne.gov, or by mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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Senator Flood’s Capitol Update (2.22.10)

February 22nd, 2010

FOR IMMEDIATE RELEASE
Monday, February 22, 2010
Contact:  Matt Boever
Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. Today marks the 30th day of this “short” legislative session—the halfway point. Senators and Committees have recently identified their priority bills and one of the two bills prioritized by the Transportation Committee was LB 821.

LB 821—which was on the agenda today and advanced in the first round of debate—requires the Department of Roads to consider the preservation and maintenance of the existing state highway system as its primary priority when developing a specific and long-range state highway system plan. It’s a common sense and responsible approach, given that the state highway system is a $7.7 billion state asset that must not be allowed to fall into disrepair. To its credit, the Nebraska Department of Roads has already made a practice of prioritizing the maintenance of existing highways and bridges, but this bill will formally codify and reinforce their goal.

As I have mentioned in previous updates, it is no secret that Nebraska’s highway construction program has languished due to increased maintenance costs and lower fuel tax revenues. I have suggested that other alternatives should be sought. But with the State’s financial picture being what it is, and the fact that any enhancement to the highway construction program needs a funding source, LB 821 represents a good “first step” in the larger process of finding a comprehensive answer.

Good roads strengthen the interconnectedness of our communities. They provide needed mobility, especially in the rural parts of our State. Good roads are also key to promoting economic development. Close to home in Madison County, we all know that Highways 35, 275, and 81 are crucial to our continued economic success.

As the Department of Roads is solely in a preservation mode, 170 miles of the 1988 plan for a statewide Expressway System remain unfinished—including the stretch of Highway 275 from Norfolk to Winslow. It is obvious we have reached a point where something needs to be done and I applaud the Transportation Committee for its initiative in beginning the conversation. We need a plan to secure the dollars necessary to maintain, improve, and construct our roads, and to finish the job we started with the 1988 Expressway Plan. In the meantime, before a comprehensive plan can be fully debated next session, we have a duty to see that the current system does not deteriorate.

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 by phone at (402) 471-2929, via e-mail at mflood@leg.ne.gov, or by mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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Senator Flood’s Capitol Update (2.15.10)

February 22nd, 2010

FOR IMMEDIATE RELEASE
Monday, February 15, 2010
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 in the coming weeks. By the end of this week, Senators and Committees will have identified their priority bills. One of the bills I expect to get prioritized is Sen. Brad Ashford’s LB 800, which, like my own LB 936, makes reforms to the juvenile justice system.

LB 800 is the fruit of much study and deliberation by the Judiciary Committee and concentrates on the obstacles for juveniles in the areas of employment, education, and behavioral health services. It addresses early intervention, parental involvement, school attendance and alternatives to detention by bringing together law enforcement, courts, schools, parents and the community to solve problems related to youth crime.

In the areas of law enforcement and the courts, the bill would authorize the use of civil citations for juveniles committing minor offenses. This would help prevent more juveniles from developing arrest records while still holding them accountable, as Sen. Ashford has stated.

In addition, under LB 800, juvenile courts would be authorized to require the parent, guardian or custodian to participate in the therapeutic services necessary for the rehabilitation of the juvenile. Hall County Attorney Mark Young, who testified in support of the bill, said he was especially supportive of increased accountability for parents:  “It’s a wonderful and long overdue thing to have the parents required to participate.”

To address truancy issues, LB 800 would require school administrators, attendance officers or enforcement officers to document contact with the family of truant students after five, 10 and 20 truancies. After the third contact, the case could be referred to the county attorney.

Similarly, LB 936, which I introduced to the Judiciary Committee last week, provides the Juvenile Court with specific statutory authority to fashion a more meaningful probation order. The bill would allow the Juvenile Court to place a juvenile on probation under any conditions deemed by the Court to insure that the juvenile will lead a law-abiding life. Currently, Nebraska’s statutes do not make clear that the Juvenile Court has this kind of authority. LB 936 expressly outlines the conditions the Court may impose in the probation order.

Finally, a reminder:  my staff and I look forward to the annual Madison County Day here at the Capitol on Wednesday, February 24, 2010. The day will include time observing the Legislature and lunch at the Nebraska Club with state-elected officials and agency directors, followed by presentations in the afternoon by a few of our state leaders. If you would like to join us, please make your reservation by calling Laura Wiese with the Norfolk Chamber at (402) 371-4862.

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 by phone at (402) 471-2929, via e-mail at mflood@leg.ne.gov, or by mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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Senator Flood’s Capitol Update (2.8.10)

February 22nd, 2010

FOR IMMEDIATE RELEASE
Monday, February 8, 2010
Contact:  Matt Boever
Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. It is hard to believe that we are already over a third of the way into this 60-day legislative session. By the end of next week, my colleagues here in the Legislature will have identified their priority bills for the session. A priority designation virtually ensures that a bill will come up for General File debate this year. One bill I hope gets prioritized is LB 771, a bill I introduced last week at a public hearing before the Judiciary Committee.

LB 771 would add the employees of our state-operated 24-hour facilities who are providing behavioral health services to the list of those folks who are protected by Nebraska’s “assault on an officer statutes.” Under these statutes, those who assault law enforcement officers, probation officers, and employees of the Department of Correctional Services rightly face stiffer penalties. LB 771 would likewise allow for the filing of felony charges against persons who commit certain assault or other offenses while legally confined in a Regional Center facility.

I have introduced bills similar to LB 771 in the past, and in my prior introductory testimony, I described an incident at the Norfolk Regional Center that happened in March 2006. An employee of the NRC was brutally attacked by a patient. The employee was beaten so badly that she does not remember much of the event, and to this day, she still suffers from the attack. Her attacker, a sex offender who was at the NRC for mental health treatment, was charged with a misdemeanor for his actions and was sentenced to one year in prison. He was out after five months.

My intent with LB 771 is to ensure that those in the care of the Department of Health and Human Services are held accountable for their conduct. The employees of the Department, who provide a great service to their patients and to the people of Nebraska, deserve as much.

Finally, a reminder:  my staff and I look forward to the annual Madison County Day here at the Capitol on Wednesday, February 24, 2010. The day will include time observing the Legislature, lunch at the Nebraska Club with state-elected officials and agency directors, followed by presentations in the afternoon by a few of our state leaders. If you would like to join us, please make your reservation by calling Laura Wiese with the Norfolk Chamber at (402) 371-4862.

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 by phone at (402) 471-2929, via e-mail at mflood@leg.ne.gov, or by mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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Senator Flood’s Capitol Update (2.1.10)

February 22nd, 2010

FOR IMMEDIATE RELEASE
Monday, February 1, 2010
Contact:  Matt Boever
Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. As we move into the second month of this legislative session, we have settled into a routine of sorts:  our mornings are spent on the floor debating bills, and committee hearings occupy our afternoons. As Speaker, I am not a member of any standing committees, but I do follow the bills and drop in on the hearings from time to time.

One of the bills I am following closely is LB 1048. Introduced by the Natural Resources Committee, this bill is the product of hard work and discussions on LR 83, the ongoing interim study resolution on wind energy in Nebraska.

LB 1048 was drafted by a group of experts who represented a broad spectrum of viewpoints, including representatives from the Power Review Board, Nebraska Public Power District, Omaha Public Power District, Rural Electric Association, Lincoln Electric System, Nebraska Electric G & T, Nebraska Sierra Club, American Wind Energy Association, Nebraska Energy Export Association, and wind developers.

The primary goal of the members of the Natural Resources Committee is to advance a bill that will make it easier for large wind projects to come into Nebraska, while at the same time preserving our unique and highly regarded public power system. I know that more economic development like the kind we have seen at the Elkhorn Ridge wind project near Bloomfield, Nebraska means new rural jobs and investment; these benefits could not come at a more critical time for our Nebraska economy.

As Sen. Chris Langemeier, Chairman of the Natural Resources Committee, has recognized, there is a great deal of work that still needs to be done on LB 1048 to get it in a form that all the interested parties can support. And I would encourage you, if you are interested in this subject, to either attend the public hearing this Thursday, February 4th in the Capitol, or provide the committee with your thoughts through a letter or email. I certainly appreciate the continuing efforts of the Committee members and all those involved in the legislative process who are working to develop a sound public policy regarding wind energy.

Finally, a reminder:  my staff and I look forward to the annual Madison County Day here at the Capitol on Wednesday, February 24, 2010. The day will include time observing the Legislature, lunch at the Nebraska Club with state-elected officials and agency directors, followed by presentations in the afternoon by a few of our state leaders. If you would like to join us, please make your reservation by calling Laura Weise with the Norfolk Chamber at (402) 371-4862.

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 by phone at (402) 471-2929, via e-mail at mflood@leg.ne.gov, or by mail at District 19, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604.

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