Thank you for visiting my website. I am honored to be your State Senator representing District 30 in the Nebraska Legislature.
My doors are always open and I encourage you to contact me with concerns you may have or any pending legislation.
My staff in the Capitol office look forward to hearing from you and assisting you. Please feel free to contact me using the information to the right.
Sincerely,
Norm Wallman
There were 698 bills and 51 constitutional amendments introduced during the first 10 days of this 90 day legislative session. I remain on the Agriculture, where I was elected Vice Chairman, Business and Labor, and Health and Human Services Committees. We now have floor debate in the morning and hearings in the afternoons until mid March. This past week’s snow storm created hazardous travel conditions for all Nebraskans but with the prompt snow removal by the Department of Roads, not one legislative day was cancelled. I drove Highway 77 from Cortland to Lincoln with no problems and am very appreciative of the long hours and intensive work provided so the rest of us can reach our destinations.
One of the first bills heard before the Health and Human Services Committee was LB68 that would add certified nurse midwives to the list of practitioners who cannot be denied clinical privileges based on their credentials by any hospital licensed under the Health Care Facility Licensure Act. Certified nurse midwives who have a practice agreement with a supervising physician may practice midwifery at the physician’s office or facility where they have been granted privileges. However, there seems to be cases where midwives have been denied privileges at hospitals for no other reason than belonging to the category of certified nurse midwife. The demand for midwives is continuing to grow, not only in Nebraska, but many states in our country. I was born at home and think this law will help Nebraskans access the kind of care they want. In Committee, I made the motion to advance the bill to general file with a 6-0 vote and the entire body moved LB 68 on the first round of debate with a 40-0 vote.
In 1997, Colorado, Wyoming, Nebraska and the Department of Interior formed a unique partnership with the goal of managing the Platte River. Water users from the three states and local and national conservation groups joined the effort. Together, they developed an approach for improving the management of the Platte — for the health of the ecosystem and the people that depend on it. This year Senator Fischer introduced LB 229 that would divert $7 million (half the lottery profits) annually from the NE Environmental Trust Fund for 10 years toward the Platte River Recovery Implementation Program, which is estimated to cost the state about $53 to $100 million through 2018-19. However, a constitutional amendment that passed by Nebraska voters in 1992 called for lottery proceeds to be spent on education and the environment, and in 2004, voters modified the original setup by designating 44.5% for education, 10% for the Nebraska State Fair and the remainder for compulsive gamblers. I am concerned there could be legal action taken with the passage of this bill.
Other bills introduced this session that are of interest include:
LB 493 – Senator Pahls introduced this bill that will keep children on health insurance policies until age 26.
LB 554 – Senator Harms’s bill prohibits open containers of alcohol in or on a vessel, motorboat, or personal watercraft.
LB 508 – Senator Bloomfield introduced this bill that says convicted sex offenders could not live within 500 feet of a park.
LB 199 – Senator Dubas’s bill is aimed at ensuring that foster parents are paid sufficiently to cover basic needs.
LB 521 – Senator Fulton’s bill would block Nebraska abortion providers from duplicating an Iowa program that makes drug induced abortions available in rural areas.
LB 123 – Senator Heidemann’s measure would allow schools to discipline students cyber-bullying.
LB 438 – Senator Howard’s bill would increase fines for those parked illegally in a handicapped parking space.
LB 428 – Senator Cornett’s bill would adopt the Ag Tax Credit Act to Nebraska farmers and ranchers where property tax payments are deemed too great for the income they receive.
LB 565 – Senator Ashford wants secure storage of firearms and notice of such requirement by retailers upon sale and creates the offense of improper storage of a firearm.
LB 569 – Senator Coash’s measure would require employers to e-verify the immigration status of new employees.
There were a few measures introduced dealing with drunken driving that imposes tougher DUI penalties, requiring ignition interlocks and making bars legally liable when they serve intoxicated patrons. I think some of these bills are due to three high-profile cases in Omaha last fall where innocent people were killed by drunken drivers. LB625 would mandate that drunken drivers have their licenses revoked and require judges to order them to use interlocks while LB 693 would make bars liable for damages caused by drunken patrons they serve. LB 675 would double the fines for drunken driving convictions and LB 659 would make it a crime to drive after using a controlled substance.
Several bills were introduced the last day of bill introduction ranging from eliminating the Nebraska Commission of Industrial Relations, which resolves labor disputes between public employees unions and state or local governments, to curbing its powers. There have been ongoing talks aimed at developing a compromise and Senator Lathrop, the Business and Labor Chairman, introduced LB 397 to serve as a vehicle to that reform. The Committee will make our decisions to best resolve their differences after hearing all the bills in this area that come before us.
Our 90 day legislative session began on January 5th with 135 bills introduced and 11 resolutions, including four proposed constitutional amendments. The constitutional amendments address county government, highway bonds, reducing the maximum number of days for regular legislative sessions, and horticultural land valuations. With several controversial issues pending, like privatization of the state’s child welfare services or enacting tough, but potentially unconstitutional, measures to identify illegal immigrants, the overwhelming issue this year is our looming multi-million dollar budget gap. In a brief inaugural address to the Legislature, the Governor stated entire programs and a variety of other programs are expected to be slashed or eliminated to handle our budget woes. The state has cut spending for the past couple of years and still needs to find ways for operating efficiencies; however, we also need innovative thinking of how state services are delivered. One suggested idea is speeding up the parole of hundreds of short-term state prison inmates, allowing us to close entire wings of state prisons. It costs five to 10 times more to house an inmate than to supervise one on parole.
This year we have another major challenge of redistricting based on the 2010 Census, something most of us have not faced before due to term limits. Besides approving new districts for state senators, we will draw new district lines for the state’s three US congressmen, districts for the University of Nebraska Board of Regents, Nebraska Supreme Court, Public Service Commission and State Board of Education. How a district is drawn can influence who is elected. A more personal job for senators is the redrawing of our own legislative districts. Due to population numbers, redistricting has moved legislative seats from the rural areas to the eastern part of the state and colleagues come up short by losing the district they represent and know. I anticipate the same impact again and fearful rural Nebraska could lose two senators to the more populated areas.
The Nebraska Legislature has its official site, www.nebraskalegislature.gov for you to view live coverage of floor activity and public hearings. At this site you can also find introduced legislation, search statutes, etc. By selecting the website on the left side menu under senators, you will have a better understanding of my committee assignments, the bills we carry, and status of the bills. I encourage you to take advantage of this service. If you are interested in the Unicameral Update on line, a news source produced by the Clerk of the Legislature’s Unicameral Office, the news link at the left side of the website will allow you to subscribe to that. However, if you prefer to have it mailed to you weekly, you may subscribe to the print version at no cost by contacting the Unicameral Information Office by phone at (402) 471-2788.
I will continue to sit on the Agriculture, Business and Labor, and Health and Human Services Committees. Jeni Bohlmeyer, my experienced Legislative Aide who lives near Adams, came on board with me when I started four years ago. My Administrative Assistant, Beth Otto from Lincoln, has been with me for 2 years but has worked at the Legislature for several years. Please feel free to call my office if you have questions at (402) 471-2620 or stop by the Capitol in room 1406.
The Governor signed legislation in 2006 to create a state veterans cemetery system to honor the service that Nebraskans offered to their country. In August I attended the dedication of the first state veterans’ cemetery in Alliance. The land used was once an Army Airbase during World War II where many memories and structures still exist. Other state cemeteries will follow for Nebraskan veterans, their spouse and dependent children.
Nebraska ended the last fiscal year on June 30 with revenues falling more than $76 million below forecast. The July tax figures pushed the shortfall to more than $95 million. Both sales taxes and individual income taxes came in below the expectations. However, according to Tax Commissioner Doug Ewald, both of those would have balanced out by higher than expected corporate income and miscellaneous taxes if not for an unexpected refund of nearly $19 million paid out under the state’s business tax incentive program to a single company. With that information known to us, I think it wise to look at August and September revenues before deciding about a special session to deal with the shortfall.
The Health and Human Services Committee, which I am a member, met the last week of August to hear what social service programs, not mandated by the federal government, might be cut to meet the 10% target suggested by Speaker Mike Flood. I stress again that these cuts may or may not be items that can actually be endorsed at this time but need to be identified for reduction, consolidation or elimination to address the budget shortfall. All committees have the grueling process of what possible legislation may be needed to address the shortfall of $751 million that requires statutory changes for the January 2011 session.
Our legislative committee also met and gathered information on Nebraska’s efforts to improve its treatment of troubled children and their families. Last fall, the Nebraska Health and Human Services contracted with five private child welfare agencies to care for children and families in the child welfare and juvenile justice systems. Six months after the contracts were signed, Cedars Youth Services and Visinet dropped out, citing they were losing too much money because of inadequate state payments. HHS officials told us they are working closing with the three remaining providers, who are spending millions of their own dollars in an attempt to make it work and cover losses. However, as we listened to testimony and asked questions, I wonder if they can hang on long enough before reforms are made. We will meet again to hear from two groups representing families later this month.
As of the middle of August, Nebraska and Wyoming are the only two states in the nation who have not applied for any money from the stimulus program called TANF (Temporary Aid for Needy Families) Emergency Funds. There has been a disagreement of how much the state would receive. According to Health and Human Services, the state could get about $6.34 million but others believe, according to federal document eligibilities, that amount could be as much as $28.7 million. Whatever the dollar amount, when we know private companies are struggling and two have folded trying to treat needy families, I believe Nebraska should apply and understand we plan to apply. It is frustrating, however, since the money was available back in April 2009 and missed opportunities are now in the past.
I am holding three townhalls within the next month. I hope to see many of you to share my perspective of the 101st legislative session and also allow District #30 residents to ask questions they may have. Dates and times are:
Friday, February 26 at 8:30a.m. at the Beatrice Chamber Conference Room located at City Auditorium, 205 N. 4th, Beatrice, NE
Tuesday, March 2 at 7:00p.m. at Haven Manor Assisted Living, 730 Larkspur Drive, Hickman, NE
Monday, March 15 at 7:00p.m. at Gold Crest Retirement Center, 200 Levi Lane, Adams, NE
Last week Senator Harms introduced LB 258, that would increase penalties for convicted teens by mandatory impoundment of their driving license for those 18 and younger for 30 days to a year, depending on the number of convictions, or he could delay a juvenile from getting a license. After a couple hours of debate, Senator Karpisek introduced an amendment that leaves these decisions up to the judge. I believe the amendment was a much better alternative, as it gives our judicial system the tools they need for making decisions with minors in possession of alcohol.
Friday was our last day to prioritize a bill. Each senator may select one bill, each committee may select two and the speaker may select up to 25 bills. A priority bill is generally considered ahead of other bills in debate. I chose LB 870 that changes the Nebraska Workers’ Compensation Act provisions relating to personal injuries. Current law disallows workers’ compensation benefits for mental injuries suffered in the absence of corresponding physical trauma. This bill would create a limited exception for first responders, either paid or volunteer, who only suffer mental injury. The mental injury must be a result of extraordinary and unusual conditions as compared to the normal conditions of the employment.
We were 3 votes short of the 25 needed to advance a constitutional amendment that would have allowed betting on horses in local taverns. The amendment would have given Nebraskans the opportunity to vote whether they would allow off-track betting to financially supplement the horse racing industry, in addition to local approval of the idea in any city or county that wanted a satellite betting facility. I supported the measure, as it would bring in an additional $6 million a year in revenue. Horse race betting has declined since the arrival of casino gambling in Iowa but it does generate more than $29 million and provides about 2,500 jobs. Since we continue to face challenges of the present economy, I didn’t feel this was the time to stop the amendment in its tracks.
On January 6th State Senators convened at the Capitol for the second session of the 101st Nebraska Legislature. Since this year is an even-numbered year, it will consist of 60 working days and expected to end on April 14. There were 290 bills carried over from last year and we began debate on them Monday, January 11th. As you may recall, we held a special session last November and cut $336 million from our two-year budget. Analysts predicted a slow economic recovery and said state governments would face budget difficulties even after the overall economy starts to rebound. Unfortunately, that seemed to be the case, as tax receipts in December were almost 10 percent less than expected. Most of us are looking at the bottom line and if there is a bill that has a fiscal note, which means the bill would cost money, we won’t be introducing it nor will bills on final reading from last year have an easy time passing this year. However, we still have plenty of issues to debate this year that involve using little to none of the states general fund. Among that list are: water regulation, embryonic stem cell research, community college aid formula, wind energy, kindergarten entry age, juvenile justice system, self-defense laws and texting while driving.
For more information you can go to www.NebraskaLegislature.gov to watch live feed of the floor debate and legislative hearings. You can also find information about state senators, bills, and the session calendar.
On our first day of general file we heard Senator Cornett’s bill, LB 72. It would require the Department of Education to establish guidelines for schools that have students’ with life-threatening allergies. Although the bill included strategies to reduce exposure to allergens, I felt school districts could develop their own policies. It was an unfunded mandate where responsibilities would fall on the classroom teacher who already has enough to do. And lastly, it was a bill with a fiscal note attached with a onetime price tag of $46,000. In the end, 27 of us voted against the bill on the first round of debate.
There are things Nebraska can do to help raise revenue. We rank third in wind energy potential; however, laws need to be reworked to build up the new industry without damaging public power that focuses on keeping rates low rather than taking on the expense of generating power for other states. Another obstacle involves the cost of building transmission lines. Rural areas are usually the best places for wind farms but lack the extensive, heavy-duty transmission grid needed to carry electricity for out-of-state purchasers. Some want to build farms without a transmission grid in place and utilities that typically build the grids don’t want to risk construction where no generation facilities exist. And lastly, there is the question of eminent domain, that is, who should have the ability to obtain property for construction without the owner’s cooperation and who should regulate the wind industry? Nebraska has more hurdles to jump because public power utilities don’t qualify for major federal incentives to build wind farms; however, we need to show private developers that we are open for business.
For a number of families across Nebraska, Gov. Dave Heineman’s proclamation that May 2009 be Dandy-Walker and Hydrocephalus Awareness Month means a way to connect with others and form a community to fight for their children’s rights to quality of life.
On Wednesday morning, Heineman had the proclamation snatched from his hands by the inquisitive and smiling Tesla Martin, a Beatrice child whose second birthday is today (Thursday). Tesla waved it around before Heineman whispered to her that they could share it and then officially handed the proclamation to her grandmother, Terri Eldridge.
“We hope by raising awareness we’ve sparked and renewed interest. We hope to expedite research for a cause and cure of these conditions,” Eldridge said of the proclamation. “We hope that it will make families with these conditions who are isolated realize that there are other people out there with (Dandy-Walker and hydrocephalus).”
Eldridge said there are currently 10 states with such proclamations, including Maryland, Indiana and Illinois.
Another family affected by Dandy-Walker was present at the proclamation ceremony, Terry and Mary Little of Plattsmouth. Their 22-year-old son was diagnosed at age 21, though he is still undergoing tests.
“We knew he was slow,” Terry Little said. “His mannerisms were different.”
The Littles found out about the proclamation by running an Internet search for Dandy-Walker in Nebraska. That’s also how they connected with Eldridge, her daughter April and precocious Tesla. Right now, the Littles are trying to learn all they can about Dandy-Walker.
Debbi Fields, the executive director of th National Hydrocephalus Foundation, flew from California to attend the ceremony.
“It’s going to bring a lot of awareness needed to (Dandy-Walker and hydrocephalus), and hopefully people will be able to find the help and support they need,” Fields said.
And while Dandy-Walker syndrome is rare, hydrocephalus is a common condition that few people are aware of.
State Sen. Norman Wallman’s son, David, was born with hydrocephalus.
David Wallman had shunts put in his brain to alleviate pressure at 15 days old, four years old and 10 years old.
Pat Wallman, David’s mother, remembers when some people at her church made insensitive comments about David’s partially shaved head after a shunt was replaced.
“Yes, there was some stigma. David, because of (hydrocephalus) had one eyelid lower than the other; we had that repaired,” Pat said. “Teachers were hesitant to let him play on the playground because he didn’t wear a hard hat.”
Norm Wallman said David had frustrating moments growing up because he couldn’t play rough sports like other boys his age and had difficulties others didn’t.
“David handled it very well emotionally and physically,” Norm Wallman said. “We told him we all have our cross to bear.”
David struggled in school, but he graduated and became a rough carpenter. David’s parents believed in helping him succeed, Pat said. When David graduated, his entire class cheered for him, while he jumped up and down with excitement.
“His shop teacher said (David would) never succeed because he couldn’t do fractions,” Pat said. “But he went on. He was an overachiever.
“Let (Tesla) do what she can do,” Pat said. “There are enough caring people in the world to help us through adversity.”
Mandy Cramer, a doctor of physical therapy at Beatrice Community Hospital, works with Tesla each week. Cramer said Tesla has made great improvements since she began physical therapy. At 13 months old, she began sitting. In the past 11 months, she has progressed to crawling, pulling herself up to stand and taking some tentative steps.
“She’s a happy little girl,” Cramer said. “She loves to play, and that’s what our therapy is centered on. I think our biggest goal right now is to see her walking, to go to the playground, walk through the grass, climb up a slide. I think she’ll be able to achieve that.”
These families look to each other and many others for understanding. They share a bond, and a faith that despite the difficulties their children face, a network of support surrounds them.
In spite of the Dandy-Walker diagnosis, the Littles’ son earned a GED and attended Southeast Community College at Beatrice for two years before transferring to Bellevue. Their son has a driver’s license and a part-time job while he takes classes. Terry said his social skills improved some while attending college. Before then, he had few friends outside the family and was home-schooled after the fifth grade. But the Littles’ son has aspirations like any young man his age.
“He has dreams of buying a new car, buying a house, settling down, finding someone,” Terry Little said. “He likes sports, he likes music, he enjoys TV. He’s job hunting and let’s see what happens. We’re hoping for a bright future.”
Senator Norm Wallman
We just finished our 75th day of our 90 day session and our discussions of bills that come before us have halted, due to budget concerns. A great example of what I am saying is the fulfillment of a promise made last fall to families. As you may recall, the Legislature was called back into special session and Nebraska passed a new safe haven bill that allowed mothers a secure way to surrender a newborn, up to 30 days instead of children up to 18 years, at a Nebraska hospital and are exempt from prosecution for child abandonment. There are a lot of families out there that need help with older children and the bills before us now address those concerns. Unfortunately, there is no practical way the Legislature can find the funds (estimated $120 million) to pay for all the great ideas. Our Speaker pulled the sponsoring senators together and told them they need to agree on a package of proposals and to keep it affordable. Eleven senators agreed to resolve the safe haven related legislation and I was pleased to be a part of this committee. The compromise package, LB 603, would create a statewide crisis hot line, hire people to help families navigate the behavioral health system and expand mental health services. It would offer health coverage for more children in low-income families and address the shortage of behavioral health professionals in Nebraska. It also would create a legislative oversight group to study the issues and monitor progress. Together, the measures are estimated to cost $16 million during the next two fiscal years. We voted 41-1 to advance a compromise package that addresses the former safe haven issue.
The state’s budget problem grew by about $94.5 million in April, primarily from capital gains reported on income tax returns. We have to base our two-year budget on these new forecasts. We have three options for covering this hole: (1) cut state spending where agencies already are facing 3% or less growth, (2) dig deeper (already plan to use about $190 million to balance budget) into our state’s cash reserve, or (3) raise taxes, and no one is suggesting this route. The Appropriations met again to address this gap, using about $56 million (in addition to the $190 million already proposed) from the state’s cash reserve built up over good economic times, another $31 million from the federal government to the state’s Medicaid program, due to higher than normal unemployment in Nebraska, and the rest from paring down provider rates from doctors who care for Medicaid patients, University of Nebraska, and state and community colleges. The budget bills brought to the entire Legislative body, proposed by the Appropriations Committee, provide a 1 percent average growth in state spending and would reduce the $566 million cash reserve by a little less than half. Fortunately, our $6.9 billion, two-year budget for 2009-11 was strengthened by more than $500 million in federal stimulus money. However, projections show that in the next budget cycle of 2011-13, the spending increase could jump to 8.5% with the loss of that extra money. The budget bills passed on general file.
As you may all recall we had a vote on school aid (LB545) a couple of weeks ago that failed. This bill was meant to slow growth in state aid but lengthy discussion by Omaha senators on the effects of the proposal to Omaha Public Schools concerned them. Speaker Flood designated this bill as a “speaker’s major proposal,” received approval from the Executive Board by a two-third’s majority vote, and the first round of debate, once again, began last week. The Education Committee Chairman Greg Adams found a resolution by a proposed reduction in what school districts could be asked to contribute to employee retirement funds, which freed up money for the state aid formula. The compromise agreement between Senators Council, Fischer and Adams would mean a smaller reduction in a school funding provision called the averaging adjustment. The adjustment goes to 26 (among the largest) of the state’s 254 school districts and would reduce the growth in the averaging adjustment by $30 million instead of the original reduction growth of $60 million. However, we have not seen the adjusted figures of how it affects individual districts, so it remains to be seen whether the second round of debate will be contentious.
I gave the first round approval of LB 160, which gives bonding power to a natural resource district. The bill would allow the Omaha-area NRD to help solve potentially serious flash flooding issues. Bond money may also be used for projects intended to clean run-off water, including small reservoirs that collect water and filter it naturally into a wetland. The measure does not require a vote of citizens in the Papio district but it does require a supermajority, two-thirds vote of the NRD’s board of directors. It limits the NRD to using 1 cent of its property tax levy to pay for bonds. That would permit a $150 million, 20-year bond. The NRD could use more than 1 cent of its levy to finance a bond, but that would require voter approval.
Senator Norm Wallman
I was pleased we passed unanimously LB 511 on final reading, a bill I introduced and a bill the Speaker found to be worthy to prioritize. LB 511 would amend the present Nebraska Certificate of Need Act to exempt from provisions of the Act Intermediate Care Facilities for the Mentally Retarded (ICF-MR) of 15 or fewer beds. The change is necessary because the present statue imposes a moratorium on the addition of any long-term care beds anywhere in Nebraska, except for ten beds per year or ten percent of a facility’s licensed beds, whichever is fewer. It is important to understand that the enactment of this bill will not necessarily lead to the establishment of small ICF-MR in Nebraska. What the bill will do is allow the option to be on the table, should the state wish to pursue it, now or at some future time. Without the change to the Certificate of Need Act by LB 511, the establishment of even one ICF-MR would be illegal. The Governor signed this legislation into law on April 22.
Monday, Tuesday, and Wednesday afternoon we debated on LB545, the state aid distribution formula for the coming two budget years. Senator Adams, the Education Chairman, explained the idea of slowing down the growth in state aid over the next two years by $60 million. With the federal stimulus money of $234 million, state aid would grow by 10 percent next year and by an additional 8 percent the following year. The “slowing down the growth” formula change, according to Senator Adams, is necessary to prepare for what might be tougher economic times down the road. Omaha senators mostly objected about not getting full funding (projected to grow by $295 million) that was adopted by the Legislature last year. Omaha Senator Tom White told senators they can’t stop at least trying to close the gap of unequal division of state aid dollars in funding or Nebraska faces the possibility of lawsuits. He said the averaging adjustment (a provision in the funding formula that goes to 26, mostly the largest, of the state’s 254 school districts) was vital in the Omaha, Grand Island, Lexington, and South Sioux City school districts deciding to drop their school funding lawsuit last year. The five-year legal battle cost the state and the school districts more than $12 million.
Nebraska’s school aid formula calculates how much money each district needs to educate its children, then subtracts what the district can get from property taxes and other funding sources. The gap is to be filled with state tax dollars. Two attempts at compromise by Omaha Senator Brenda Council and Brad Ashford failed. At the end of the day, the measure fell short of getting the 33 votes needed to stop debate. After hearing some senators saying there wasn’t enough money to compromise and others who said extra dollars wouldn’t break the bank, I didn’t feel comfortable in voting. I think we need to see “real” numbers before we can distribute our education funds.
LB 545 was not on the agenda Thursday and the Legislature didn’t meet on Friday. Speaker Flood said he hasn’t decided what to do in bringing the bill back for more debate. If nothing is done, all schools will continue with the current funding structure.
We gave first round approval to a bill sponsored by Senator Ken Haar of Lincoln that would require suppliers of electricity in the state to accept “net metering” for small customers. This would let small customers with wind turbines and solar panels to sell excess electricity to suppliers. This is only a first step. In coming years, we will work on broadening the requirements to include larger customers who can supply more electricity to a grid. The state’s publicly owned power industry needs to focus on developing “smart metering” and a “smart grid” for Nebraska. Smart meters will allow variable pricing that will permit thrifty and environmentally concerned customers to adjust their consumption patterns to avoid spikes in demand. For example, customers might turn off their air conditioners for a few hours or avoid using their electric ovens or dryers on summer evenings if they knew they could save money. The smart grid is partly a matter of improved technology and part a change in the rate structure for electricity. This summer, the Legislature will study on how Nebraska can develop more wind farms to help determine how much energy could be captured, transmitted, Nebraska’s usage and how much could be exported.
The Papio-Missouri Natural Resources District is seeking the bonding authority to quickly build five to seven dams and other flood-control measures and then finance the project over several years, due to a 25-30 percent increase in storm runoff in the basin over the past four decades. Senator Gay, the introducer of LB 160, says the Papillion Creek Watershed is one of the most dangerous in the Midwest and says it’s not a question of “‘if’ we have a devastating flood, it’s ‘when.” An amended version of the bill would allow the Papio NRD Board, by a two-thirds vote, to approve a bond issue that would require up to a 1-cent increase in the NRD’s property tax levy. Several of us are opposed to this authority and believe voters need to okay such tax increases. However, others believe it would be difficult to attain voter approval if some district voters live 100 miles away from any given project. The bill is still pending but has not passed general file.
Two weeks ago the Governor met with the BSDC Investigative Committee to share his ideas for the Beatrice center. He plans to reduce the center from 198 residents to 90-120 over the next two years, keeping those who have a serious mental illness or behaviors so risky they are a danger to themselves or cannot be safely served in the community. An interim CEO has been hired, Claire Mahon, to get BSDC recertified as part of the Medicaid program. Dr. Theodore Kastner, a New Jersey physician was hired to evaluate clients and I was uplifted to hear him promise the guardians they would be an integral part of his assessment process. The state is currently working with local agencies, like Mosaic, to create a number of small, six-bed group homes. ENCOR, the largest provider in the Omaha area, will open a second six-bed home with nursing staff on duty for medically needy residents. I remain concerned about the people taken from the center to hospitals; not just because of the two more recent deaths that could have been caused by the stress of the move, but those being moved into nursing homes. I continue to visit with family members to keep in touch with their assessments, visit the BSDC residents at our Lincoln hospitals and in Beatrice, push for the passage of LB68, which requires Legislative approval before BSDC can close, and continue to serve on the Developmental Disabilities Special Investigative Committee for the next two years, as directed by our Executive Board of the Legislative Council, to get further answers.
This past Monday, I had a Health and Human Services Executive Session and my bill, LB 68, and again; this bill would require Legislative approval before the Department of Health and Human Services could close the Beatrice State Development Center (BSDC), was put on a hold status. The committee discussed Beatrice for over an hour but, at that time, we decided to neither advance nor kill it. Thursday was the last day to prioritize a bill and I chose LB 68. A priority bill is generally considered ahead of other bills in debate and each senator may select one. Also that morning the Health and Human Services met again and we took a vote to move LB 68 to General File for the entire body to discuss further. It did not pass but it is not indefinitely postponed either. Although I want the bill to go before the entire Legislature, it has served a purpose and that was for the Governor to make a public commitment to the Beatrice Center. The importance of LB 68 is to ensure that the Governor keeps Beatrice foremost in his mind to make strides forward. A second bill, LB 267 by Senator Lathrop, was heard before the Business and Labor Committee Monday, of which I am a member, which would prohibit the state from forcing employees to work overtime in all state institutions, including state’s veterans homes, regional centers, youth treatment and rehabilitation centers and prisons. This would include Beatrice. Presently, employees are required to work overtime or risk disciplinary measures. Federal inspectors cited mandatory overtime and staff shortages as contributing to the care problems at BSDC. We took no immediate action on the bill.
Last week we began debate whether people wrongly convicted of felonies in the state should be compensated monetarily and it didn’t take long before apprehension surfaced with LB 260, introduced by Senator Kent Rogert, in the wake of the exonerations of six people in the 1985 murder of Helen Wilson of Beatrice. The Beatrice 6 represents the most people exonerated through DNA evidence in one case in the nation’s history. The bill began with $50,000 but an amendment to the bill lowered the compensation to $25,000 for each year of imprisonment. The wrongly convicted could also receive compensation for lost wages, housing, health insurance, college tuition, and up to $75,000 in attorney fees. I spoke that morning and pointed out to my colleagues that several of the six pleaded guilty or no contest in the murder and believe this bill could become, as I stated “Pandora’s box, Merry Christmas and Happy New Year.” The second day I introduced an amendment that would give former inmates $10,000 for each year of imprisonment. The great-granddaughter of Helen Wilson e-mailed all the senators and I read part of her message on the floor of how that day is etched in her memory forever. She was confused then; she is confused today, and she urged senators to fully evaluate every aspect of the bill before voting. After much debate and the last vote of the morning session, my amendment failed by five votes. The third day Senators backed off their list of pending amendments and we advanced the bill by agreeing to work out some of the issues before it returns for second-round debate. Those issues include a cap on compensation and what other compensations should be awarded to the person.
Several bills are being considered that addresses the safe haven issue. As you may recall, the Legislature was called back into special session last fall by the Governor and Nebraska passed a new safe haven bill that allowed mothers a secure way to surrender a newborn, up to 30 days instead of children up to 18 years, at a Nebraska hospital and are exempt from prosecution for child abandonment. I voted for the bill but was very aware that we have many problems that deal with our youth, too. There are a lot of families out there that need help and the bills before us now address those concerns. Unfortunately, there is no practical way the Legislature can find the funds to pay for all of the great ideas. Our Speaker pulled the sponsoring senators together and told them they need to agree on a package of proposals and to keep it affordable. Eleven senators agreed to resolve the safe haven related legislation and I am pleased to be on this committee to help our “kids” of Nebraska.
Nebraska will get around $1 billion overall from the federal stimulus package for drinking water and wastewater systems. Nearly $40 million in federal stimulus money will get off the ground in two to four weeks. Sixteen cities will share $19.5 million for upgrades to public water systems and 16 cities will get $20 million for improvements to wastewater treatment facilities. The money will be combined with $34 million from the state’s existing loan fund. District 30 was awarded stimulus funds in Hickman to construct a new water treatment plant and replace mains to remedy iron, manganese and coli form bacteria issues, Wymore will construct new wells or a water treatment plant, and Bennet will replace existing water mains. Cities that didn’t get any money at this time will get moved up in the process, so that’s positive news.
