Senator Flood’s Capitol Update (1.09.12)

January 10th, 2012

FOR IMMEDIATE RELEASE
Monday, January 9, 2012
Contact:  Matt Boever
Phone:  (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. On January 4, 2012, the second or “short” session of the 102nd Legislature began. This session marks the 75th anniversary of the meeting of the state’s first unicameral legislature in January 1937. Senator George Norris championed the concept of a nonpartisan and one-house legislature in the belief that a one-house system would curb the abuse of conference committees and promote transparency in government proceedings. I believe that Nebraska’s Unicameral Legislature, which requires a public hearing on every substantive bill, delivers the transparency George Norris promoted, in addition to making the government process more understandable and accessible for people to interact with their representatives. I speak for my colleagues when I say we feel honored to serve in the nation’s only unicameral.

In the coming weeks, I look forward to providing a detailed look at the issues that will demand our attention during this 60-day session, but for now I’d like to provide some general information and key dates as we begin our first full week in session.

The Legislature’s website, nebraskalegislature.gov, is a great source of information, including a 2012 Session Calendar, a listing of the membership on various legislative committees, and a day-by-day summary of bills introduced. You can also research current bills and past legislation and find links to individual senator webpages.

Today, January 9, is the fourth day of bill introduction this session. New bills may be introduced for the first 10 legislative days, or until January 19. Beginning today, also, my office will be accepting committee and senator priority bill designations. A priority designation nearly ensures that a bill will come up for the first round of full legislative debate this year. Tomorrow, on January 10, we will begin floor debate of carryover legislation. Basically, in all second or “short” sessions of the Nebraska Legislature, bills begin wherever they were in the process when the first session adjourned. Of these carryover bills, 44 are on “General File,” which is the first stage of floor debate by the body as a whole.

Gov. Dave Heineman’s annual State of the State address is scheduled for January 12 at 10:00 a.m. Public committee hearings will begin the afternoon of January 17 and continue, in the afternoons, through February. On January 19, Chief Justice Michael Heavican of the Nebraska Supreme Court will deliver his State of the Judiciary Address at 10:00 a.m.

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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Senator Flood’s Capitol Update (5.23.11)

May 24th, 2011

FOR IMMEDIATE RELEASE

Monday, May 23, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. About a month ago, I discussed LB 397 and possible changes to the Nebraska Commission of Industrial Relations or “CIR.” As you may recall, the CIR is the state’s arbiter of labor disputes between public sector employees and government employers, and Sen. Steve Lathrop of Omaha introduced LB 397 this session with the intent of bringing greater predictability and consistency to the process of resolving labor disputes. Today I would like to provide an update on this bill—one of this session’s major issues.

Last Friday during Select File debate, Sen. Steve Lathrop of Omaha brought an important compromise amendment to LB 397, a compromise that was ultimately adopted on 42-0 vote. Reaching this resolution was not easy, but it was hammered out by folks, who, to their credit, sat down across the table last week and talked to each other. We had heated discussions. We had differences of opinion. We had citizens from labor, management, and the business community make impassioned speeches based in fact, and we witnessed good-faith efforts to make the right policy happen in Nebraska.

This bill as amended represents, I believe, the Nebraska approach to solving problems like this. As I emphasized during floor debate last week, I have been very impressed with the efforts of not only the cities and the League of Nebraska Municipalities but also representatives of labor—the hours spent, the meetings that these folks have had for many months, and the restraint, which was shown on both sides. But I also want to recognize and appreciate the business community for recognizing its vital role, for driving the state’s economy together with the citizens, and for making a strong case to be at the table and find the right answer.

What I think is the key component of this bill, and I have to credit the business community for it, is the inclusion of a range. Replacing the true average with a range of between 98% and 102 % of the average compensation—and between 95% and 102% during periods of recession—gives public employers the flexibility they need, especially during tough economic times. This was a serious concession by folks representing labor. But the inclusion of this range is critical, I think, to addressing the one point that groups like the Lincoln Chamber, the Omaha Chamber, and the State Chamber reiterated to us:  they said, give the local elected officials some flexibility, some of the same flexibility private employers have. This flexibility is an important part of the solution. LB 397 was placed on Final Reading today and will now be scheduled for the third and final stage of legislative debate.

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.

Senator Flood’s Capitol Update (5.16.11)

May 16th, 2011

FOR IMMEDIATE RELEASE

Monday, May 16, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. I mentioned last week that one of the major issues remaining in this legislative session is redistricting. Every ten years, following the U.S. Census, the Legislature must redraw the boundaries for the Judiciary, Public Service Commission, Board of Regents, State Board of Education, the Legislature, and the Representatives of Congress. Last Friday in Lincoln, the Legislature’s Redistricting Committee heard public testimony regarding five redistricting bills. Their hearing included testimony via videoconference from Alliance, Norfolk, North Platte, Scottsbluff, and Omaha.

The Redistricting Committee’s actions are guided by the provisions of LR 102, a resolution adopted by the Legislature April 8. Among other criteria, the resolution requires that the Legislature:

  • use population data and geographical information from the 2010 U.S. Census;
  • not dilute the strength of any minority population;
  • create districts that are substantially equal in population;
  • not favor a political party or consider the political affiliation of registered voters; and
  • follow county lines whenever practicable and follow traditional districting principles of compactness and contiguity.

Under LR 102, the congressional districts are to be drawn with an overall population range of deviation of no more than one percent, with a goal of zero deviation. The remaining districts are to be drawn with an overall range of deviation of no more than 10 percent.

The Redistricting Committee has worked hard throughout a sometimes difficult process. One of the real challenges, especially regarding legislative redistricting, is rural depopulation in many parts of our state. The Committee has proposed a map moving Legislative District 49, which is currently served by Senator LeRoy Louden of Ellsworth, from the northwestern part of our state to Sarpy County, south of Omaha. Other rural districts face significant changes as well. More information, including the proposed maps, is available on the Redistricting Committee’s website. I would encourage you to stay in touch with your state senator as debate by the full Legislature will begin on several redistricting bills this week.

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.

Senator Flood’s Capitol Update (5.9.11)

May 9th, 2011

FOR IMMEDIATE RELEASE

Monday, May 9, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. Today marks the 76th day of our 90 day session. With only 14 days remaining in the session, we continue to have some big issues before us. On Wednesday we will take the final reading votes on the budget bills. When beginning the session in January, the Legislature faced a projected $986 million dollar budget shortfall.  With increased revenue receipts during the last few months, the Nebraska Economic Forecasting Advisory Board increased the revenue outlook for the state significantly.

The Legislature responded to this news by utilizing only $22 million dollars of the Cash Reserve Fund (the equivalent of the state’s savings account) instead of the originally planned $256 million dollars. At the time of the April forecast, the Appropriations Committee had already finalized their budget and the Legislature had made significant cuts to K-12 school funding, eliminated aid to cities and counties and reduced child care provider rates. By taking a conservative approach to the positive budget outlook news, the Legislature is in a good position to reevaluate the budget next year if the economic climate in Nebraska continues to improve.

Constitutionally, the Legislature has two issues it must complete this session: passing a two-year budget for the state and adopting redistricting bills which must be done every ten years following the U.S. Census. Redistricting bills include redrawing the boundaries for the Judiciary, Public Service Commission, Board of Regents, State Board of Education, the Legislature and the Representatives of Congress. Last Friday, the Redistricting Committee held a public hearing on LB 699, the bill which will establish new boundaries for the Judiciary. I anticipate we will begin debating that bill yet this week. Due to the death of Nebraska Court of Appeals Judge Theodore Carlson, we need to expedite this bill to establish the new boundaries prior to the May 23rd application deadline for persons applying to the open vacancy.

The Redistricting Committee will hold a public hearing on the other five redistricting bills this Friday, May 13th. Two separate hearings will be held: one in the morning beginning at 9 a.m. and one in the afternoon beginning at 1:00 p.m. The Redistricting Committee will be physically present in room 1525 of the State Capitol in Lincoln, but in addition to having people testify in person at the Capitol, the committee has arranged several satellite locations in local communities for persons to offer testimony during that time frame.  If you are interested in testifying or just observing the morning hearing, you may attend the morning hearing which will be broadcast via satellite in Norfolk at Northeast Community College, room 167A of the Maclay Building. Debate of these redistricting bills will begin next week.

Some of the other major issues left for the Legislature to address include:

  • LB 397, the Business and Labor Committee bill  that would make changes to the Nebraska Court of Industrial Relations;
  • LB 667, my bill to enhance the use of ignition interlock devices to lessen the number of drunk drivers on the road (see last week’s Capitol Update for a complete description); and
  • LB 521, Senator Fulton’s bill to eliminate what has been referred to as “webcam abortions,” abortions performed without a physician physically present in the same room as the patient.

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.

Senator Flood’s Capitol Update (5.2.11)

May 2nd, 2011

FOR IMMEDIATE RELEASE

Monday, May 2, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. In my January 31, 2011 Capitol Update, I discussed LB 667, a bill I introduced this legislative session regarding drunk driving. Since the public hearing on LB 667 at the beginning of March, I have reviewed the testimony of all the testifiers and, with my staff, researched the various amendments suggested by proponents and opponents. With this information in hand, I have worked with the leadership at the Nebraska Department of Motor Vehicles to craft a workable solution and compromise regarding the Administrative License Revocation or ALR provisions—an amendment that keeps the ALR framework but that aims to better protect the public by providing incentives for more DUI offenders to install and use interlocks soon after arrest.

Many of the provisions in LB 667 as originally introduced are retained in my proposed amendment. Namely, the amendment:

  • Criminalizes the Intoxicated Transportation of a Child;
  • Makes Motor Vehicle Homicide a distinct crime from DUI;
  • Changes penalties regarding Boating Under the Influence and make other changes to the State Boat Act;
  • Creates the enhanced punishment of a Class III felony for procuring when it proximately causes serious bodily injury or death and increases the punishment for procuring offenses to include a mandatory minimum two days in jail as part of the Class I Misdemeanor penalty; and
  • Removes the 12 year look-back limitation from the DUI enhancement statutes.

As regarding ALR, I would like to highlight a couple changes in the amendment:

  • For first offense DUI, there will be no “hard suspension” or suspension of all driving privileges, if the offender waives his or her right to an ALR hearing and applies for an ignition interlock permit (IIP); the offender would be required to use the ignition interlock device for 180 days;
  • For second and subsequent DUI offenses, the amendment provides that if the offender waives right to ALR hearing and applies for an IIP, there would be a reduced 45 day “hard suspension” period, and the offender would be required to use the ignition interlock device for 1 year; and, finally,
  • The amendment provides the DMV authority to administer an Ignition Interlock Fund for the benefit of indigent offenders.

I continue to believe that we can do a better job to prevent drunk driving accidents and fatalities in the state of Nebraska. I also believe that this proposed remodeling of the administrative license revocation process will allow the state to more quickly intervene following an arrest for DUI and will work to stop drivers from operating motor vehicles while impaired. I have provided a copy of my amendment to the members of the Judiciary Committee and will continue to work with them so that LB 667 as amended can be advanced and debated this session.

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.

Senator Flood’s Capitol Update (4.18.11)

April 18th, 2011

FOR IMMEDIATE RELEASE

Monday, April 18, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. In today’s Update, I’d like to talk about the Nebraska Commission of Industrial Relations or “CIR” as it’s called. Reform of the CIR has been and remains one of the major issues this legislative session, and, last week, pursuant to our legislative rules, I selected a bill that would make changes to the CIR as one of my 2011 Speaker’s Major Proposals. The status of this bill, LB 397, as a Speaker’s Major Proposal means that I can work to ensure a full and fair debate by scheduling both the bill and the order of motions and amendments considered.

I would like to first provide a little background. The CIR itself is authorized by the Nebraska State Constitution, and its purpose is to resolve public sector labor disputes and preserve uninterrupted government services to Nebraska citizens. The Legislature created the CIR in 1947 and also prohibited strikes and lockouts by public employees and employers. The CIR can decide controversies pertaining to wages, selection of bargaining units and representatives, and prohibited practices during labor negotiations. Five Governor-appointed commissioners serve on the CIR for six-year terms.

This session there were several bills introduced that would make changes to or eliminate the CIR. The Business and Labor Committee held a series of hearings on CIR related bills, including LB 397, during the afternoon and evening of February 7. The full transcript of those hearings is available on the Legislature’s website: http://www.legislature.ne.gov/FloorDocs/Current/PDF/Transcripts/Business/2011-02-07.pdf.

The Committee more recently held another hearing related to the CIR, this one on a proposed amendment to LB 397, AM 1116. Sen. Steve Lathrop of Omaha, Chairman of the Business and Labor Committee, introduced the amendment, which he has said would address concerns regarding consistency and predictability in the state’s dispute resolution process. Among other provisions, the amendment would set certain criteria for choosing an “array” for wage comparison purposes:

  • remove a rule of evidence requirement;
  • provide a preference for geographic proximity;
  • specify a 70 percent match of duties performed and time spent performing those duties;
  • set criteria for the size of comparable out-of-state cities and metropolitan statistical areas;
  • allow public and private comparisons when matches are appropriate and available; and
  • set the preferred array size at between seven and 13, with as few as five allowed if all array members are Nebraska employers.

A full transcript of this April 13 hearing is also available on the Legislature’s website:  http://www.legislature.ne.gov/FloorDocs/Current/PDF/Transcripts/Business/2011-04-13.pdf.

CIR reform involves some complex issues and competing interests. But significant reform is needed this session, and with input from Nebraska citizens and local governments, education and business organizations, it is imperative the Legislature come up with solutions. In the last several months, Sen. Lathrop and his staff and the members of the Business and Labor Committee have worked hard on these issues. In the coming days, I expect the Committee and the members of the Legislature to continue to work on a comprehensive solution, one that both controls costs for our local and state governments and protects the interests of our citizens.

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.

Senator Flood’s Capitol Update (4.11.11)

April 11th, 2011

FOR IMMEDIATE RELEASE

Monday, April 11, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. Last Friday, one of the bills the Legislature approved was a bill that would implement a statewide electronic tracking system at the point of sale for purchases of methamphetamine precursor chemicals. Under LB 20, which was introduced by Sen. Beau McCoy of Omaha, retailers will receive an immediate web-based notification when a person is attempting to purchase illegal amounts of pseudoephedrine, a drug found in over-the-counter cold medications that is used in meth-making. The system will automatically issue the seller a stop sale alert. Retailers will be required to use the free system unless granted a waiver by the Attorney General.

On Select File, or second round debate, I offered an amendment to LB 20 that was incorporated into the final version of Sen. McCoy’s bill. My amendment contained the provisions of a bill I introduced earlier this session before the Judiciary Committee, LB 668. As amended, LB 20 will provide for increased penalties—a Class IV misdemeanor for the first offense and a Class III misdemeanor for each subsequent offense—for the acquisition of meth precursors in excess of the 24 hour limit under the existing law. It will also provide a penalty for the acquisition of meth precursors in excess of the 30 day limit in statute.

Law enforcement officers in northeast Nebraska initially brought me the idea for this bill and amendment. When the statutes were changed in 2009 to mirror the federal pseudoephedrine limitations for daily and 30 day purchases, a 30 day penalty provision was unintentionally omitted. This loophole has been exploited by offenders, and LB 20 will remedy this issue. In addition, the enhancement of the criminal penalty from an infraction to a misdemeanor will help to curtail offenders who are paid by methamphetamine manufacturers to go to multiple pharmacies and buy the daily limit of cold pills.

Lastly, Sen. Kate Sullivan of Cedar Rapids and I have scheduled a legislative coffee on Saturday, April 16, 2011 at 10:00 a.m. in the Lied Auditorium of the Ralph A. Whitwer Public Library in Tilden. I would like to invite any interested constituents to come and discuss the issues of importance to Madison County.

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.

Senator Flood’s Capitol Update (4.4.11)

April 5th, 2011

FOR IMMEDIATE RELEASE

Monday, April 4, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. Last week the Legislature’s Education Committee, chaired by Sen. Greg Adams of York, placed LB 235 on General File with a committee amendment. The bill’s “General File” status means the bill is ready to be scheduled for debate, which I expect to begin this Wednesday at 1:30pm in the afternoon. LB 235 is Sen. Adams’ priority bill, and it would revise significant elements of the Tax Equity and Educational Opportunities Support Act (TEEOSA) and the administration of state aid to schools. Education policy remains a priority for the One Hundred Second Legislature, especially in these fiscally challenging times, and today I would like to renew this discussion.

Two years ago, the Legislature enacted a state aid to schools funding formula that utilized federal aid to Nebraska’s K-12 schools. Sen. Adams, Governor Heineman, and state education leaders emphasized at the time that the federal money was one-time funding, which would disappear in two years. And because, they said, the economic slowdown could continue to have an impact beyond 2011, it was critical for the school districts to develop a four-year plan of action for the funding of their schools. Which brings us today to LB 235.

As recent revenue projections indicate, our state does have more challenging times ahead:  the latest projections from the economic forecasting board show a $943 million shortfall for the two-year budget beginning this July. To their credit, the members of the Education Committee have been engaged in these education funding issues from the start. Several of the modifications in LB 235 would reduce the total amount of state aid to local school districts. The bill as advanced by the Committee proposes to allocate a total of $822 million of state aid for 2011-12 and $880 million for 2012-13. Among the notable provisions included in the committee amendment are the provisions of LB 148 that would exclude lobbying fees from general fund operating expenditures for the purposes of the state aid calculation. LB 148 was introduced by Sen. Bill Avery of Lincoln, and its amendment into LB 235 continues a needed discussion about whether or not school districts should be using General Fund monies to hire lobbyists.

As I emphasized at the outset, education policy is a priority for this Legislature. I expect a full and fair debate of LB 235 beginning this Wednesday afternoon. And I expect the Committee’s hard work to continue in the coming days as its members continue to collaborate with school administrators and the executive branch to maximize the available funding in these challenging fiscal times.

Finally, Sen. Kate Sullivan of Cedar Rapids and I have scheduled a legislative coffee on Saturday, April 16, 2011 at 10:00 a.m. in the Lied Auditorium of the Ralph A. Whitwer Public Library in Tilden. I would like to invite any interested constituents to come and discuss the issues of importance to Madison County.

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.

Senator Flood’s Capitol Update (3.28.11)

March 28th, 2011

FOR IMMEDIATE RELEASE

Monday, March 28, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. Several weeks ago, in a Capitol Update in February, I discussed a bill introduced by Sen. Deb Fischer of Valentine that addresses state highway funding. Sen. Fischer’s bill, LB 84, would create the State Highway Capital Improvement Fund and direct a half-cent of existing state sales tax to the Fund to be used for construction of high-priority highway projects. A half cent of sales tax generates approximately $125 million per year. The Fund would be used by the Nebraska Department of Roads (NDOR) to construct high-priority capital improvement and reconstruction projects throughout the state, and the projects would be selected through the NDOR’s normal prioritization process. The bill, which Sen. Fischer has made her priority, would have a two-year implementation delay, taking effect in 2013.

This last Thursday, floor debate began on LB 84. Debate continued on Friday. Senator Fischer made a strong case that now is the time to reaffirm our commitment of providing safe and reliable highways. Currently Nebraska is nationally recognized for our safe roads; however, in the last couple of years, the safety of our roads has begun to decline because of lack of maintenance due to decreased funding. The concern is that if the state does not make the commitment to fund our roads now, the condition of this $7 billion state investment will only continue to deteriorate. After a full day and a half of wide-ranging debate, Sen. Fischer made a successful motion to end the filibuster, clearing the way for LB 84 to advance 32-8.

I agree with Sen. Fischer and the other Senators who advocated for LB 84 during last week’s floor debate—providing safe and reliable roads, without raising taxes or fees, should be a priority for the state. But this bill means more than just “roads,” especially for cities like Norfolk and other communities located off an interstate. Good roads provide needed mobility and connect our communities. And 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 vital to our continued economic success and livelihood.

Finally, Sen. Kate Sullivan of Cedar Rapids and I have scheduled a legislative coffee on Saturday, April 16, 2011 at 10:00 a.m. in the Lied Auditorium of the Ralph A. Whitwer Public Library in Tilden. I would like to invite any interested constituents to come and discuss the issues of importance to Madison County.

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.

Senator Flood’s Capitol Update (3.21.11)

March 21st, 2011

FOR IMMEDIATE RELEASE

Monday, March 21, 2011

Contact:  Matt Boever

Phone:    (402) 471-2929

Lincoln, NE—Greetings from your State Capitol. As mentioned in my last Update, the members of the Legislature have designated their 2011 priority bills. Each senator designates one priority bill, each committee designates two priority bills, and as Speaker, I designate an additional 25 priority bills for a total of 104 priority bills. As Speaker, my job is to provide an opportunity for the Legislature to debate each of those 104 priority bills if advanced out of committee.

Our Legislative Rules require the Appropriations Committee to complete their budget recommendations by the 70th day in a 90 day session and those same rules require the Legislature to pass a budget by the 80th day. So, soon our focus in the Legislature will be solely on crafting a budget. But, in light of the currently projected $943 million deficit for the state budget beginning this July, the Legislature has needed to consider making statutory changes that would help realize our goal of a balanced budget at session’s end. Among the bills that would make these “structural” changes and provide a significant savings to the state’s General Fund are several “Speaker Priority” bills, including LB 541, LB 465, LB 385, and LB 468. Each of these bills advanced to Select File, or second round of debate, last week.

In my February 21st Capitol Update, I discussed LB 465 and LB 468. Today, I would like to briefly describe the intentions behind LB 541 and LB 385.

LB 541 is designed to encourage the fiscal integrity of Nebraska’s Medicaid program. Introduced by the Health and Human Services Committee, LB 541 would require the state Department of Health and Human Services to contract with audit contractors for claim review, overpayment recovery, cost avoidance, and other services. All contracts would be entered into on a contingent fee basis. Sen. Kathy Campbell, Chairperson of the Health and Human Services Committee, said 40 states use specialized contractors to help contain Medicaid costs and ensure that funds are well spent. She said LB 541 would build on current DHHS efforts to recover overpayments.

Under another bill, LB 385, revenues from designated sales tax revenues deposited to the Energy Conservation Improvement Fund would transfer to the General Fund. The fund supports the Low-Income Home Energy Conservation Act, which offers grants to public and nonprofit electric utilities providing matching funds to complete energy conservation improvements for Nebraska homeowners whose income is at or below 150 percent of the federal poverty level. The fund receives revenues from up to 5 percent of state sales taxes collected on electric bills of participating utilities. LB 385 would terminate the fund on June 30, 2012. Sen. Dennis Utter of Hastings, who introduced LB 385,  said the fund has been underutilized and the conservation program duplicates other energy efficiency programs that receive federal funding, such as the Low Income Home Energy Assistance Program and the Low Income Weatherization Assistance Program. LB 385 could result in a savings of $4.6 million to the general fund.

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.