Sen. Tony Fulton
District 29

Legislative Update September 2011: Year in Review and the Session Ahead

August 31st, 2011

As your representative in the Nebraska Legislature, I’m informing you about some of the issues addressed in 2011 and what you may expect in 2012.

Nebraska’s Economy, the State Budget, and Taxes

I serve on the Appropriations Committee responsible for balancing the state’s budget, and we were again able to balance the budget without raising taxes. This has been true in each of the past five years I’ve served in the Legislature. Our budget did necessitate cuts to several areas of state government, and we have many agencies, programs, and public employees to thank for cooperating in balancing our budget. We also provided for a $362-million cash reserve to aid the budget in the future. We need to continue to exercise restraint and prudence in budgeting for government’s responsibilities as we go forward in the midst of an uncertain national economy.

Our state’s fiscal stability is rare and remarkable when compared with other states. As of July, Nebraska’s unemployment rate and number of homes in foreclosure were both less than half of the national average. Nebraska had a net in-migration of people from all Midwestern states for the first time in over two decades and had the lowest out-migration of people in thirteen years. There are certainly areas for improvement in Nebraska’s economy, but what we Nebraskans have always known – that ours is truly a great state in which to live, work, and raise a family – is being noticed by the rest of the country.

There will be an attempt to increase sales tax rates in next year’s legislative session. To preserve Nebraska’s fiscal health and competitive advantage, I believe it is important to oppose any attempt to increase taxes. It is argued that allowing cities to increase their sales tax rates will allow those cities to offset their property taxes. If this truly played out, I might reconsider my position, however, history argues against such an outcome. Property taxes have increased as sales taxes have increased for as long as there are records on such things. If workers, families, and small business have to make do with less, then so too should the governments they employ.

Reforming Government

This year marked the first significant reform of the Commission on Industrial Relations in four decades. The “CIR” is responsible for settling disputes between public employee unions and government. The CIR affects you because it orders elected bodies of government to alter wages and benefits – which come from all forms of our tax dollars. It is worth noting that states like Wisconsin, Indiana, and Ohio suffered paralyzing disputes and circus-like protests in dealing with government reforms. In Nebraska, all sides were able to sit with one another to enact a reasonable compromise which I was able to support. This was a generational issue where we succeeded in giving local officials greater control of their budgets while simultaneously preserving a say for public employees.

Public Safety

In 2008 I spearheaded the enactment of laws combating the devastating effects of drunk driving by using ignition interlock devices. This breathalyzer technology enables us to crack down intelligently on drunk driving, and Nebraska received positive national attention as a result. Statistics indicate that this tool has had a significant impact in Nebraska, and this year I worked with Speaker of the Legislature, Mike Flood, to further improve the law. I believe that the Legislature should continue to work to alleviate taxpayers of paying for the crimes of others, and the ignition interlock program is such an example. The program requires no tax dollars as it is funded entirely by offenders convicted of drunk driving. The success of this effort is prompting the Legislature’s Judiciary Committee to further examine innovative ways for more effectively fighting crime and reducing costs.

Keystone XL Pipeline

Many are concerned about the proposed oil pipeline by TransCanada that will cut through the Sandhills and Ogallala Aquifer of Nebraska. I want to make my position known to you as I suspect there will be varying media accounts on this topic in the coming year. I support the use of oil from Canada as they are a cooperative neighbor, and I am grateful for the revenue and jobs this project will provide in Nebraska. I do not, however, understand why TransCanada needs to re-invent the wheel by passing through the Sandhills when they have an existing pipeline running through the clay soil of Eastern Nebraska. Introduction of new risk to the Sandhills and the Aquifer can simply be avoided by following the existing route. Also concerning is the fact that TransCanada and the U.S. State Department seem to be the ones choosing this route. A balanced federalism does not allow the federal government to dictate with no input from the states. Simply stated, Nebraskans need more local control and less control from Washington, and I have advocated to that effect.

Please contact me with any issues or concerns you may have regarding these or any other matters before your Legislature. Thank you for the honor of serving as your senator.

Sincerely,

Senator Tony Fulton, District 29

Legislative Update (March 14-18)

March 18th, 2011

Dear Constituents,

As your representative in the Nebraska Legislature, I am providing you with an electronic summary of issues as they arise during hearings and debate in the 102nd Session of the Nebraska Unicameral Legislature.

Bill Removes Intoxication from Insanity Plea

On Super Bowl Sunday 2006 in Lincoln, a killer, high on drugs, took the life of a young man, then was found not guilty by reason of insanity because he was high when he killed the young man. LB100 introduced by Senator Coash of Lincoln would remove voluntary intoxication from the insanity plea. If this bill passes, such a ruling could not happen again. I supported this bill. Here is a good opinion piece appearing in the local newspaper regarding this bill.

National Healthcare Debate Continues in States

LB515 adopts the Federal Health Care Nullification Act, which is an unorthodox way of challenging the unpopular federal healthcare mandate. Under LB515 the federal healthcare law is declared “to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.”

Redistricting Committee Begins Hearings

The Redistricting Committee chaired by Senator Chris Langemeier of Schuyler held a public hearing on Wednesday, March 16th at 1:30 p.m. to outline criteria for the process of redistricting in Nebraska. The redistricting of the state occurs after the census every ten years to adjust congressional, legislative, and other districts based on shifts in population.

Balanced Budget

I serve on the Appropriations Committee responsible for balancing our budget. This week we concluded public hearings on all agencies and bills having to do with the budget, and now the committee will begin deliberations to finalize our budget recommendation to the Legislature. The budgeting process is time consuming, detailed, and intense because we must strike the correct balance between funding the legitimate priorities of government and living within our means. Nebraska is in better shape then most every other state, and I will work to keep it that way by balancing our budget with no tax increases. You can be assured that each member of the committee takes this job very seriously, and we will emerge with a balanced budget – with no tax increases.

Legislative Update (Feb. 7-11)

February 10th, 2011

Dear Constituents,

As your representative in the Nebraska Legislature, I am providing you with an electronic summary of issues as they arise during hearings and debate in the 102nd Session of the Nebraska Unicameral Legislature.

CIR Reform Introduced by Senator Fulton

Nine bills have been introduced by senators to reform the CIR this year. The Governor has identified the CIR as one of the top three issues facing Nebraska. Elected officials across Nebraska have called for meaningful reform of the CIR. On Monday, the Business & Labor Committee heard testimony on every bill dealing with reform of the CIR.

My bill, LB564, is one of the many bills which have been introduced. The CIR was invented in 1920, enacted in 1947, and amended to include public employees in 1969. It has not been changed since, though there have been numerous attempts opposed by labor unions. This is a generational issue to which every citizen should be attune.

Bill to Trim the State Budget Debated

LB383 eliminates a spending program that provides state aid for municipalities, counties, and natural resource districts. The bill was introduced at the Governor’s request as part of the state’s plan to balance its budget. Battle lines are being drawn by cities and counties for this major debate on tax policy in Nebraska. The bill passed on to the 2nd round of debate on a 37-8 vote on Wednesday morning.

Education Committee Considers DREAM Act Repeal

The Education Committee heard this bill which would repeal in-state tuition benefits at public universities and colleges for aliens not lawfully present in the United States. My mother is from the Philippines, and the effects of illegal immigration strike me as unjust when considering the people around the world who abide by the rule of our law. I support this bill, though it remains to be seen whether I will get the opportunity to vote on it.

Legislative Update (Jan. 31-Feb. 4)

February 3rd, 2011

Dear Constituents,

As your representative in the Nebraska Legislature, I am providing you with an electronic summary of issues as they arise during hearings and debate in the 102nd Session of the Nebraska Unicameral Legislature.

Wheel Tax Exemption Bill Moves Forward

The Nebraska Legislature voted Tuesday to move LB81 to the next round of debate. I voted for the bill, which prohibits cities from taxing people who don’t live in that city. While an amendment to slow the implementation of the bill passed, I did not support that proposal. You may view a news report on this controversial issue here.

Bill Requires Budget Cuts Furthest from Classroom

The State of Nebraska provides nearly $1 billion in aid to school districts in addition to the property taxes collected by the districts. In these economic times, school districts should be careful not to store up taxpayer dollars while laying off teachers, particularly if a district is top-heavy with well-paid administration. LB531 would require school districts to reduce their reserves to ensure that any budget cuts are made furthest from the classroom.

Work to Balance Nebraska’s Budget Continues

The Appropriations Committee will continue meeting in Executive Session each day this week to deliberate the budget.  First a preliminary recommendation is released. Public hearings are then held for all agencies, and then a final recommendation is made to the Legislature. The Committee will be finished with its preliminary review within the next couple weeks.

Happy Meal Ban Heard by Agriculture Committee

Senator Bill Avery of Lincoln introduced LB126 which regulates advertising and marketing to children in restaurants, food establishments, and convenience stores. In an effort to curb childhood obesity, this bill outlines calorie limits for marketed children’s meals. It states that parents cannot combat “highly sophisticated, well-funded marketing experts in profit-driven multinational corporations.” I understand the intention of this bill, but I believe it is not appropriate for the government to act in this regard.

Legislative Update (Jan. 24-28)

January 26th, 2011

Dear Constituents,

As your representative in the Nebraska Legislature, I am providing you with an electronic summary of issues as they arise during hearings and debate in the 102nd Session of the Nebraska Unicameral Legislature.

Bill to Ban Marijuana Substitute K2 Moves Forward

LB19, sponsored by Sen. Beau McCoy of Omaha, bans the drug K2, also known as Spice, moved forward on Tuesday, and received unanimous support to move to the next round of debate. Last year Sen. McCoy and the Unicameral banned a similar marijuana alternative known as salvia divinorum in an effort to keep current with the modern drugs pushed on our children.

Wheel Tax Exemption Bill up for Debate on Wednesday

LB81 prohibits cities from taxing people who don’t live in that municipality. Omaha’s budget included tax increases on residents of Lincoln, Bellevue, and elsewhere. The term “taxation without representation” was a rallying cry for our nation’s Founders. Elected officials in Omaha should not be able to withhold taxes from the paychecks of citizens around the state. Senator Fulton has co-sponsored LB81.

Balancing Nebraska’s Budget without Tax Increases

The Appropriations Committee has completed preliminary review and recommendations for all cash-funded agencies and a number of general-funded agencies. The committee will continue meeting in Executive Session at 1:30pm each day this week to deliberate the budgets of all remaining general-funded agencies. I am firmly committed to balancing our budget without raising taxes.

Bill Improving Public Safety Set for Hearing Next Week

LB 275 closes a loophole in Nebraska law that allows criminals to escape from regional centers without additional prosecution. The bill provides law enforcement with the ability to take action when, as has happened in Lincoln twice in the last three years, those ordered to confinement in one of the state’s three regional centers endangers public safety by escaping.

Legislative Update

March 30th, 2010

Fulton’s Priority Bill Passes: Victory for 2nd Amendment

My priority bill, LB 817, ensures uniform application of Nebraska’s concealed carry permit law.  Concealed carry permit holders will not have to undergo the  redundant bureacratic hurdle of obtaining a permit to purchase.  The bill also prohibits municipal handgun registration ordinances from interfering with concealed carry permits. 

States Rights Resolution to be debated Tuesday

My resolution calling on the Congress to adhere to the principles of a balanced federalism as required by the 9th and 10th Amendments, renumbered as LR 539, was advanced by the Government, Military, and Veterans’ Affairs Committee on Friday.  The resolution should appear on Tuesday’s legislative agenda for debate prior to the end of the legislative session. 

Fulton works with Attorney General Bruning to Pass Anti-Pyramid Scheme Law

A consumer protection bill, LB 801, I sponsored on behalf of the Attorney General, unanimously passed last week.  This important legislation modernizes Nebraska’s outdated Uniform Deceptive Trade Practices Act to give prosecutors  better tools to combat pyramid schemes.  The bill protects Nebraska consumers and ensures that legitimate direct sales businesses may more freely engage in the Nebraska economy. 

Nebraska’s Balanced Budget: Preserving the Good Life 

Nebraska is in better fiscal shape than nearly every other state in the union.  This fact is no accident.  The Appropriations Committee, on which I serve, has worked hard to find solutions to balance our state budget without raising taxes.   Nebraska also will retain $321 million in its cash reserve to better withstand future budget shortfalls.

 

Legislative Update, February 2010

February 9th, 2010

Crafting a Responsible State Budget:

The Second Legislative Session is in full swing and promises to be one in which spending restraint on the part of government pays a key role.  As a four-year member of the budget-writing Appropriations Committee, I am working to craft a responsible budget that sustains legitimate public services while reducing spending to prevent any tax increases. Government’s need to tax is dependent on its need to spend. It is important to continue to model Nebraska families and restrict additional spending to weather the current economic downturn.  Restraining spending while keeping a healthy cash reserve is the reason why Nebraska’s fiscal house is in better order than most every state in the nation.

Working for Government Transparency and Efficiency

Last week the Legislature passed LB 197, a bill I sponsored working with State Treasurer Osborn to bring greater transparency and efficiency to the Treasurer’s office.  The bill allows the State Treasurer to more effectively budget for investment fees paid to the Nebraska Investment Council for administration of Nebraska’s College Savings Plan.  As has been the case over the course of my service in the Legislature, I have continued to sponsor bills intended to increase the transparency and efficiency of our state government.

For example, I have sponsored a series of bills this year regarding the Commission of Industrial Relations, or the CIR.  The CIR is an administrative body that relatively few Nebraskans know much about.  The CIR largely determines the wages and benefits for public employees whenever labor negotiations result in an impasse.  Although the CIR is judicial in nature, our state law prevents it from acting with a standard of reason.  The decisions of the CIR are solely based on comparing wages and benefits for a particular city, county, or school district in Nebraska with another city, county, or school district deemed comparable in any other part of the country.  Nebraska taxpayers will benefit from a CIR that can use reason in making its decision and take into account the taxpayers’ ability to pay – especially when families as well as governments are tightening their belts.

Safeguarding Life

Last month I was privileged to take part in the annual Walk for Life. Please take a moment to view this local report on the walk: http://www.1011now.com/home/headlines/83156352.html .  This year, Speaker of the Legislature, Mike Flood, is sponsoring legislation that recognizes an unborn child’s ability to feel pain at twenty weeks gestation and prohibits abortion after that point in time.  I am one of fifteen co-sponsors of the bill, LB 1103.

Legislative Update – Special Session

November 9th, 2009


Click here to view a live interview I conducted with KOLN/KGIN TV regarding the special session. (about 3 minutes).

What to Expect?

The Governor called the Nebraska Legislature into “Special Session” in order to balance our state’s budget. As indicated in the TV interview, we will need to cut about $335-million from the present budget. The first few days were to allow senators the opportunity to introduce bills. Each bill needs to be within the “Call” of the Governor. Some of these bills have and will be determined by the Attorney General to be outside the scope of the Governor’s “Call”. You may view the sixteen bills introduced by clicking here.

The majority of work in balancing the budget will be conducted within my committee (Appropriations). We have already been holding public hearings late into the night on each agency within state government. What usually takes about three months will be compacted into about four days. You may see a calendar of events with respect to the Special Session by clicking here.

The Appropriations Committee will eventually make its recommendation to the full Legislature. I expect this to occur by next week but perhaps as early as Thursday this week. Floor debate by the entire Legislature on specific bills may occur as early as Thursday this week. As the Special Session will cost taxpayers $10,000 per day, it is my goal and motivation to be done with our work by Friday, November 20. Whether this actually occurs will be up to the full Legislature. I will appreciate your feedback and advice as we deliberate and make recommendations this week. While I may not be able to respond to each email, please be assured that I read every email personally. I would not ask for your feedback if I wouldn’t consider it. Thank you in advance for your input!