By Senator Bill Avery

Last October, my colleagues and I were alarmed to learn of a sharp 11.2 percent downturn in September tax receipts. The State Forecasting Board estimated the two-year budget we approved last spring would eventually be $334 million in the red because of diminished revenue.

After a valiant resistance, Nebraska had finally fallen victim to the national economic downturn. The Governor quickly called a Special Session of the
Unicameral. After some late nights and extraordinary efforts by the Appropriations Committee, I am happy to report my colleagues and I produced a sensible, fiscally-responsible budget that reduces spending without raising taxes.

Cutting the budget is ugly, unpopular work and it is a task that no state senator relishes. We attempted to spread the pain around evenly, including here in the legislature, where everything from travel expenses to computer upgrades are on the chopping block.

Because in the end, we’re all in this together.

Furloughs

During the Special Session, one of my main goals was to protect state employees. To that end, I introduced LR 4, a non-binding resolution that encouraged state agencies to utilize temporary leave without pay (known as furloughs) instead of layoffs when trimming personnel budgets.

It’s important to understand that I do not love the idea of cutting back hours for state employees. But when it comes to budget cuts, furloughs are better than layoffs, not only for workers but for state government as well. For one, furloughed employees continue paying back into the system through income and sales taxes, instead of simply falling off the grid. In this way, we cut the budget without exacerbating the very revenue shortfalls that got us here in the first place.

Furloughs can also produce the same fiscal savings as laying off hundreds of workers. By preserving those jobs, important state agencies will emerge from the recession better able to serve Nebraskans. The economic downturn will eventually swing the other way, and it is important to be prudent without
overreacting.

Furloughs represent a surgical approach to budgets cuts as opposed to blindly firing employees across the board – a scalpel instead of an axe.

Education

Despite the objections of some in my party, I was one of only a handful of Democrats who supported LB 5, the revised school aid formula. According to my calculations, aid to educational institutions represents half of all state expenditures. When a single expense comprises half of your total budget, it cannot be off the table when it comes time for cuts.

That said, education is our biggest expenditure for a reason – it is crucial to the future of our state. While schools were not spared, cuts came in the form of eliminating budgetary increases, rather than actual reductions. This will allow adequate time for schools to plan for the lean years ahead.

Rainy Day Fund

I’ve repeatedly been asked why we didn’t use the State Cash Reserve Fund to plug the budget gap. I realize this looks like an attractive option in the short
term. However, we are looking at the real possibility of even bigger budget shortfalls in the next biennium. And in these so-called “out” years, we won’t have federal stimulus money to rely on.

In other words, the rain is not over yet.

The 2012-2013 budget may require we tap into the reserve fund. Draining it prematurely would have simply been a Band-Aid, postponing the hard decisions for, at most, a few years. Leaving it alone gives us a cushion – emergency padding that can mean the difference between a crisis situation and a tolerable one.

By Bill Avery

Since the First Session of the 101st Legislature is over, I thought I would take this opportunity to update everyone on what I’ve been up to during the past few months.

It was a productive session, with a wide range of issues under debate. From immigration and gun control, to health care and the death penalty, the Unicameral had no shortage of issues on the agenda this year. As Chairman of the Government, Military and Veterans Affairs Committee, I oversaw hearings on a variety of bills about voting, campaigns, state agencies, military affairs and veteran’s services.

Below you’ll find a few issues I have worked on:

Children’s Health: Last year’s Safe Haven law shed light on Nebraska’s failure to provide mental health services to troubled children, a serious problem affecting hundreds of Nebraska families. My colleagues and I put together a package of five bills that will renew and improve our commitment to children’s health. My contribution to the package, LB 136, addresses the urgent healthcare needs of Nebraska’s low income families by bolstering the State Children’s Health Insurance Program (SCHIP)which provides medical coverage to uninsured kids.

Smoking: I resisted attempts to erode the statewide smoking ban by opposing legislation that would establish exemptions for so-called “cigar bars.” Clean indoor air legislation enjoys broad public support, is good for business and protects public health. LB 355 was narrowly adopted, but not before I amended the bill, banning cigarettes from cigar bars.

DNA Testing: DNA analysis is one of the most accurate tools we have for determining guilt or innocence. Post-conviction DNA testing allows the criminal justice system an opportunity to close cold-case investigations and fix mistakes, particularly wrongful convictions. To ensure we have this raw genetic data, I introduced LB 190,which will require the collection of DNA samples from all felons convicted in Nebraska.

Gun Control: Columbine. Virginia Tech. Von Maur. The past decade has seen these names — the horrific violence associated with them — sear themselves onto the national psyche. After two UNL students caused a scare by carrying rifles across campus last year, it was clear that Nebraska’s higher education institutions were not immune. I amended an existing gun bill, LB 430, to prohibit weapons on college campuses.

Nepotism: Although “good ol’ boys’ clubs” are largely a thing of the past, nepotism in state government can still be problematic. My bill, LB 322, prohibits an official or employee in the executive branch from influencing the hiring of, and/or acting as a supervisor for a family member. This bill will ensure government jobs in Nebraska go to the most qualified individuals — instead of simply the best connected.

The University of Nebraska: As the University expands further into downtown Lincoln, a defined western boundary was needed to address rules that forbid businesses within 300 ft. of UNL campus to retain a liquor license. My bill, LB 137, establishes this boundary on the west side of campus. This measure will protect students and preserve the rights of Haymarket business owners to operate a bar.

Lincoln Arena: With Pershing Auditorium now over a half century old, the time has come for Nebraska’s capitol city to build a new, modern arena complex. I introduced LB 402, which will offer Lincoln additional flexibility to build a new arena in a timely and cost effective manner.

Streamlining Government: In my ongoing effort to promote efficiency in government, I introduced LB 361. This bill will allow governing entities to utilize electronic voting devices to record votes. I also introduced LB 154, which eliminated more than twenty ineffective, redundant and obsolete boards and commissions from state statute. Both measures have been signed into law by the Governor.

On a more personal note, I enjoyed a quick and full recovery from my bypass surgery in February. Thank you for your prayers and well-wishes.

Sen. Bill Avery
District 28