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Weekly District 30 Update – 2/14/25
State Senator Myron Dorn
Southeast Nebraska finally received its first significant snowfall on Wednesday, February 12th. Schools closed, events were cancelled and the legislature convened and held its hearings as usual.
Extended floor debate focused LB 241 this week. The bill would establish liability protections for private entities in the event of a cybersecurity data breach unless the breach was caused by willful, wanton, or gross negligence on the part of the company. Senator Bob Hallstrom, put the bill forward as a way to protect small businesses who are at risk of having to payout large settlements. Opponents argued this bill would not hold companies accountable in the event they are actually negligent with your personal information. I believe we need to protect our small companies from class action lawsuits. By adding the ‘gross negligence’ as a cause for action, places a higher burden on those wishing to sue. Companies can take many precautions but hackers are out there constantly working to breach the firewalls protecting data. After four hours of debate, the bill advanced to the second round of debate on a vote of 33 – 9.
Also on the agenda are two competing bills, one to keep daylight saving time year-round, LB 34 by Senator Megan Hunt of Omaha, and LB 302 by Senator Dave Murman, to abolish daylight saving time and use standard time year-round. Both bills were advanced by the Government, Military and Veterans Affairs committee on an 8 – 0 vote. If the on-line comments are any reflection of the unicameral, there were 32 comments supporting LB 34 and 32 comments supporting LB 304. However, if Nebraska did go with LB 34, there would have to be change in federal law allowing this or an order from the U.S. Secretary of Transportation, and at least three adjacent states to Nebraska would adopt the same standard. I would be supporting year round day light saving time.
We continue to move other not so controversial bills from General File (first round of debate) to Select File (second round). By next week, we will even have a few bills ready for final reading.
Committee hearings are tackling some big issues, many of which tend to be very controversial. The Government, Military and Veterans Affairs Committee on Friday the 7th heard over 10 hours of testimony on LB 89 by Senator Kathleen Kauth. The bill would restrict K-12 student participation in school sports to teams that correspond to their “biological sex”. K-12 public and private schools would have to designate bathrooms and lockers based on the bill’s definition of biological sex. The committee has not taken any action on the bill yet. If this bill makes it to the full Legislature for debate, I will be supporting the bill.
Senator Tom Brandt will introduce LB 317 to the Natural Resources Committee on February 13th. This bill would combine the Department of Natural Resources into the Department of Environment and Energy. The new agency would be renamed to the Department of Water, Energy and Environment. The bill was introduced on behalf of the Governor. This is an attempt to streamline and consolidate agencies that have similar functions and overlap environmental issues. A number of years ago the Department of Energy was placed within the Department of Environmental Quality. And now LB 317 merges these agencies even further. I would support this bill.
Lastly, on February 10th, the Education Committee heard LB 303 offered by Senator Jana Hughes of Seward. This bill is a rerun of LB 9 from the Special Session. I was a co-sponsor on LB 9 and am a co-sponsor of LB 303. The bill makes adjustments to the Tax Equity and Education Opportunities Scholarship Act (TEEOSA) which is the funding mechanism used to provide equalization aid to schools across the state. The bill would increase foundation aid from $1500 per formula student to $1590 per formula student; drops the maximum levy for schools for $1.05 to $1.02 per $100 of taxable valuation; creates a base levy adjustment; and creates a School Finance Reform Commission. The bill was well received and had support of both rural and urban schools. Senator Hughes worked with a small group of senators, both democrats and republicans to develop this bill. The committee has not taken action on the bill to date.
My contact information is mdorn@leg.ne.gov and 402-471-2620. As always, I appreciate hearing from you.
Weekly District 30 Update – 2-7-25
State Senator Myron Dorn
The Legislature is in full work mode with legislative bills being debated in the mornings in the Legislative Chamber. Afternoons have senators sitting in various committees, hearing public testimony on various issues.
In these early days of session, General File floor debate consists mainly of relatively non-controversial and can be considered as clean-up bills or bills that are fairly straight forward. Some bills do create a bit of extended discussion.
During floor debate this past week, senators debated LB 229 introduced by Senator Bob Hallstrom of Syracuse. The bill would define workers, who use Marketplace Network Platforms such as Uber, Lyft, and DoorDash, as independent contractors. These workers are already considered independent but the bill would codify this into state statute. These workers choose, if and when, and how long they want to work. Opponents of the bill said companies who use this employment model for these workers don’t provide fair wages or benefits and think LB 229 does not help the employee. Another senator in opposition said this bill would prevent those workers from trying to organize a union and to work to better protect their rights. The bill was advanced to the next stage of debate with a vote of 33 in favor and 12 opposed. I supported this bill.
The Government, Military and Veterans Affairs committee heard competing proposals on day light saving time. Senator Dave Murman introduced LB 302 to eliminate the observance of daylight-saving time when the same policy would be adopted by the neighboring states of Iowa, Kansas, South Dakota and Wyoming. and go to standard time. The state could make this option without any federal action. On the opposite end of the spectrum, is LB 34 by Senator Megan Hunt whose bill would see daylight saving time stay year-round and would require three adjacent states to adopt the policy and the federal government would have to allow for permanent daylight-saving time. The committee has not taken action on either bill.
LB 698 was heard by the Business and Labor Committee to seek narrower provisions of the ballot initiative passed in the November General Election. The ballot initiative provides Nebraska employees, who work for a business with fewer than 20 employees, the ability to earn 40 hours of sick leave. A person who works for a company with more than 20 employees can earn 56 hours of paid sick leave. Senator Paul Strommen from Sidney, introduced this bill to provide for exemptions for several smaller employers. including businesses that hire temporary and seasonal agricultural workers, employees under 16, and businesses with fewer than 10 employees. The senator said he is not trying to undermine the vote of the people but wants to provide safe guards for smaller employers. Opponents stated the paid sick leave passed by the voters is a better business model. Another opponent said states with similar policies of paid sick leave showed increased business growth and minimal long-term costs to the business. The committee has not taken action on this bill.
Finally, on Thursday, February 6th, the Revenue committee heard hours of testimony on LB 509, introduced by Senator Tony Sorrentino of Elkhorn. This bill is basically a re-run of LB 753 in 2023, which would have allowed a dollar-for-dollar tax credit to individuals who donate money to private scholarship granting organizations. People organized after this bill’s passage to get the repeal of LB 753 placed on the 2024 ballot. The initiative petition received enough signatures and was going to be on the 2024 General Election ballot. In 2024 during the regular session Senator Linehan introduced LB 1402 and instead of the tax credit, she proposed a direct state appropriation to the State Treasurer who would establish a program to provide education scholarships to eligible students. Again, the people ran a petition to repeal LB 1402 and successfully gathered enough signatures to place the issue on the ballot. In November of 2024, voters across the state voted to repeal the bill by 57% in favor of repeal and 43% wanting to retain the bill. Testimony in support of the newly introduced LB 509 spoke of the benefits to students and the ability to choose a school. Opponents spoke about the disregard for the people’s vote and work to see this defeated. They also spoke about the damage this could do to public school funding, that private schools do not have to meet the same standards as public schools, and could be selective on which students they would take. I will not be supporting LB 509, first and foremost the voters were very clear on ‘choice’ regarding state funding for private schools.
The Unicameral website is www.nebraskalegislature.gov. My contact information is mdorn@leg.ne.gov and 402-471-2620. As always, I appreciate hearing from you.
The Legislature is well and truly under way with the introduction of 715 legislative bills, and 27 resolutions. All bills will receive a public hearing and those hearings began on Wednesday, January 22 and will run through March 28th. Resolutions that end with a CA (constitutional amendment) also will receive a public hearing. Other resolutions tend to be congratulatory in nature and can be introduced throughout the session.
Public hearings are a chance for citizens to let senators know how they feel about the issues. A person can testify in person or submit on-line comments through the legislative portal. Go to the bill of interest and if the public hearing date is set, there will be a tab to enter public comments.
I have personally introduced 11 bills and two constitutional amendments. My bills mainly focus on appropriations, 3 of which are for improved provider rates relating to developmental disabilities, mental health and assisted living facilities, LB 54, 55, and 57 respectively. Another bill, LB 86 seeking funding is to help NRD’s with watershed operation, maintenance or repair. LB 88 is a bill that will help fund Mainstreet revitalization and economic growth.
LB 87 is a bill that I was asked to introduce on behalf of the Commission for the Blind and Visually Impaired. The commission developed and implemented a pilot program in Omaha where deaf/blind individuals were provided a Support Services Provider. This provider could help with daily living activities such as help with the mail, driving the person to medical appointments etc. The program was a success and the commission would like to work on expanding this program to more people who suffer vision loss or hearing issues. The public hearing for this bill will be Friday, January 31st before the Health and Human Services Committee.
I introduced LB 56 to require medical facilities or mortuaries to do a blood draw on a deceased person who died as a result of a motor vehicle accident. I am working with the groups to reach a compromise. I also have LB 576 to allow the Public Service Commission to consider a rate increase on cell-phones if necessary to help fund 911 systems across the state. The other three remaining bills I consider to be clean-up or clarification language one for Performance Audit (B 228), one pertaining to the Cash Reserve Fund, LB 494, and LB 577 for Health and Human Services relating to clarify pharmacy technicians and their supervision.
The last two issues I introduced were LR 7CA that would ask voters to consider increasing senators’ salaries from the current $12,000 a year to $30,000 a year. The last increase that was passed was in 1988. Had an inflationary factor been in place, the salary would be over the proposed amount. The issue first has to be passed by the Legislature and then voted on by the people in 2026. I introduced this amendment because I would not benefit from a pay increase since my term of office ends in 2026.
The other constitutional amendment I introduced is LR 24CA. This amendment, if adopted by the people, would return Nebraska to a winner-take-all state for the electoral college. Senator Loran Lippincott has a bill for winner-take-all that would change the statute. His bill will be decided by the legislature. But the only way to have the people vote on the issue is by introducing a constitutional amendment. The hearing for these two resolutions is next Thursday before the Government, Military and Veterans Affairs Committee. Both bills will be heard simultaneously. The public comment tab is active and people can submit comments on both issues.
I have served on the Appropriations Committee for the last six years and will serve there for my remaining two years. We have started the process of reviewing over 70 state agency budget requests with the input of our legislative fiscal analysts. This is the start of the appropriations process to get the proposed budget to the floor by legislative day 70 for approval and discussion by all 49 state senators.
The complete budget can be found at a link on the Unicameral’s website at www.nebraskalegislature.gov. My contact information is mdorn@leg.ne.gov and 402-471-2620. As always, I appreciate hearing from you.
The 109th Legislative Session, First Session, began its work on January 8th of 2025. Seventeen new members were sworn into office, 1 returning senator, Senator Dan Quick, had previously served a four-year term.
The first day of the two-year legislative cycle begins with the election of all leadership positions. Senator John Arch of Omaha was re-elected to be the Speaker of the Legislature. He is responsible for setting out the daily agenda for floor discussions on bills, resolutions, and oftentimes works with all senators to try to reach resolution when major issues hit an impasse.
There are 14 Standing Committees which hear the lion’s share of the bills. Out of those 14 standing committees, 4 chairs were reelected to their committees: Senator Clements to Appropriations; Senator Murman to Education; Senator Moser to Transportation and Telecommunication; and Senator McKinney to Urban Affairs. The remaining 10 chairmanships went to senators who have not been a chair before and most with only two years in the legislature.
We have 10 days to introduce new legislation, the last day to introduce bills is January 22nd. Committee hearings start January 21st. People can submit on-line written comments for bills to be made part of the official record. People can go to Nebraskalegislature.gov and once the bill is set for a hearing, people enter the bill number. A tab will be available “Submit Comments Online for LBXXX” The deadline to submit comments is by 8am the morning of the hearing.
This year, senators cannot introduce more than 20 bills. In the past few years, some senators have introduced 40-60 personal bills. I am trying to keep my total down to 10 or 12 bills and currently have 8 bills and one constitutional amendment.
LR 7CA is a proposal to increase state senators’ salaries from the current $12,000 a year to $30,000 a year. The last time senators’ salaries were increased was 1988. This issue has gone before the voters a few times and has failed. If the resolution moves through the legislature and is successful, the issue would be placed on the 2026 ballot. If an inflation factor would be applied to the $12,000 salary, the current pay would be over $30,000, again, just with an inflation factor. A senator does not work only during the 60 or 90 day session. It is a year round endeavor and one we all gladly do but it does place a financial burden on us and our families. I attend community events, meet with various groups and organizations, and attend interim hearings. I also have meetings with constituents to work on legislation. I am fortunate that I am semi-retired and have a bit more time to devote to my legislative work but many senators have to hold down full-time jobs when we are not in session. I in no way will benefit from any pay increase since I will end my second term in 2026. I am doing this for future candidates who may see the pay as a deterrent. Consider this, Douglas County Commissions make $58,356, Lincoln City Council makes $24,000. LR7CA falls well below the average of these two salary ranges. Nebraska senators should still want to serve primarily for the betterment of the state but not at the cost to the financial security of their families. I think this proposal is reasonable.
I have a new Administrative Assistant, Cooper Morgan, who joined my staff in December. He is learning how my office works and is doing a great job. Barb Dorn had been my Administrative Assistant for six years and had the opportunity to become a committee clerk for two committees. I want to thank her for her years of service to me and to the people of District 30. She will be missed.
As always, if you have any questions or concerns about state agencies, please feel free to send and email or call my office. We will do what we can to help answer your questions or address your concerns.
Contact me at mdorn@leg.ne.gov, call 402-471-2620 and check the website: www.nebraskalegislature.gov
Thank you!
Days can be slow but the years go fast. Here we are on the cusp of the holiday season once again. Let me take this opportunity to wish you all a safe and happy celebration of Thanksgiving and Christmas.
The next legislative session is just a few weeks away. We are now considering what bills to introduce, and drafting the language for that legislation. Meetings with stakeholders have greatly picked up, as have zoom appointments and webinars. Many groups and individuals are hoping to get their proposals before the Unicameral.
There really are many needs – and even more wants – across the state and in our district. As a member of the Appropriations Committee, I am already well aware that balancing the budget may be more difficult in the coming session than it has been in the past couple of years – mainly due to the end of the flow of federal funds linked to the pandemic. Hopefully we have managed and utilized those extra dollars well. Moving forward we will need to achieve fiscal stability by balancing spending and tax receipts, with far less reliance on federal funding.
Several working groups have convened in our office over the interim (the time between sessions) to look at property tax and education funding. We pulled together a consortium, and we are working hard to come up with a solution that we can get across the finish line. I am also a member of an inheritance tax committee hosted by the Nebraska Association of County Officials, looking for ways to compensate counties for lost revenue if the tax is repealed.
My staff and I continue to meet with health care providers for hospitals, nursing facilities and long term care, developmentally disabled facilities and DHHS. Closely related, we are again talking with EMTs and volunteer fire departments about training, equipment and licensing. The need for all of these services is growing as our population either ages or moves toward larger cities; and facilities close or scale back. Employees and residents, patients and providers are all affected by the challenges in this crucial sector.
We have attended a number of briefings and seminars on affordable housing and workforce recruitment. This issue continues to be a barrier to robust economic growth in our state. Until we can increase both the number of workers and low cost yet quality places for them to live, it will be difficult to attract good employees to Nebraska – that is simply the way development operates.
Also on our radar in District 30 – Natural Resource Districts, Mainstreet development, ag manufacturing and renewable fuels. And as always, the structure of taxation in Nebraska. Even with all the topics and activities listed here, that’s just the tip of the iceberg when you consider the subject matter we expect to take up in the coming session.
The Building and Maintenance Committee has met several times this interim to examine state owned properties. It is good for us senators to see state facilities in person, since some are hundreds of miles from the Capitol. The Performance Audit Committee, of which I am chair, conducts a systematic review of agencies and their programs to evaluate the effective implementation of legislative intent. In other words, are programs doing what the law says to do. I have really enjoyed working with this division of the Legislature and appreciate their hard work.
The 2024 election included all of the odd numbered state legislative districts. There were 24 races, one of which is still awaiting the counting of provisional ballots to determine the outcome – District 13 in Omaha. There will be 16 brand new senators and 8 returning senators. I remember well the whirlwind of training in rules and procedures, learning the people and protocols of the Legislature, hiring staff, office assignments – it’s a long list and a steep learning curve for the “freshmen” before we hit the ground running on January 8th.
As we get ever closer to that date, I encourage you to contact me at any time. Call 402-471-2620. Email mdorn@leg.ne.gov. Visit the Unicameral website at www.nebraskalegislature.gov. From there you can navigate to my landing page and to those of all senators, legislative divisions and committees. You can access the calendar and find information on every bill and resolution introduced. I look forward to hearing from you.
District 30 Update – End of Special Session – August 22, 2024
Sen. Myron Dorn
The Special Session of the Legislature ended this week. We convened July 25 and met for 17 legislative days, making this special session the longest in more than 60 years. The first three days were designated for bill introduction. Every bill had a public hearing, but of the nearly 100 measures introduced, only a half dozen or so were debated by the full legislature.
Two committees with major responsibilities during the special session were Revenue, and the one on which I serve, Appropriations. It was our task to hear LB 2 and LB 3, budget bills designed to adjust for any reductions in tax receipts coming into the state.
Over the course of a week, Appropriations heard from several agencies and divisions about their current financial status and how changes might affect the services they provide. We also took a hard look at how both the General Fund and the “Rainy Day” funds would be impacted. All of this depended on the form property tax relief would take and whether it required a broadened tax base, reductions and/or caps on spending, or a combination.
In the early days of the session, LB 1 and LB 9 were the primary measures being considered. I had worked on LB 9 over the summer months along with Senators Hughes, Conrad and Brandt on fashioning a school funding plan that would retain local control, lower property taxes and phase in the changes over a period of time. The bulk of property tax we pay goes to school funding. LB 9 received favorable reactions when introduced in the Revenue Committee and was initially used as the vehicle for the committee’s proposal.
Options favored by the Governor for broadening the tax base, such as eliminating current sales tax exemptions on soda pop and candy, or increasing sales tax on tobacco products, were deliberated at length on the floor. We also discussed eliminating a sales tax on necessities such as electricity and water.
Another topic generating substantial debate was home ownership versus renting, the question being raised would renters see any kind of benefit of property tax relief while paying additional sales tax. There was also considerable conversation about capping the amount of spending allowed by political subdivisions.
The Revenue Committee eventually turned to LB 34, introduced originally by Sen. Brewer to freeze valuations for a time. That section was gutted and the bill became a tool for “front loading” property tax credits, which were created in a previous session of the Legislature (and required applying for the credit on income tax filings.)
As a result, LB 2 and 3, the budget packages sent to the floor by the Appropriations Committee, represented a combination of budget reductions, lapsed or unexpended funds and interesting earnings to come up with a total of $750 million. Projected economic growth was also a factor we took into consideration.
The full Legislature gave final approval on August 20 to LB 34 which limits annual increases in city and county property tax collections and modifies the existing property tax relief program mentioned above to ensure it benefits more Nebraskans.
Under LB34 a city, county or village may increase its property tax request authority by the product of two factors:
• the prior year’s amount of property taxes levied increased by a percentage that accounts for total property valuation growth due to new construction, improvements and certain other changes, minus any exceptions used; and
• the greater of zero or the annual percentage change in a price index that tracks state and local government expenses.
Among other exceptions to the limit, a political subdivision also may increase its property tax request authority by amounts needed for emergencies, budgets for public safety services or as approved by voters.
LB34 requires the state treasurer to transfer $750 million in general funds — including the approximately $565 million previously allocated to the refundable income tax credit program — to the new program in fiscal year 2024-25. Under the bill, if General Fund net receipts increase by more than 3% annually, the excess amount will be transferred to the new program’s cash fund. The “front loading” aspect of LB 34 means property tax relief will appear on the school district funding portion of property tax statements, and will no longer require an application for credit on your income tax return.
The bills, LB 2, 3, 4, 34 and 34A, were signed into law by Governor Pillen on the 20th and took effect immediately. Each bill carried the “e” or emergency clause, allowing them to become law upon the Governor’s signature.
Before we adjourned on Tuesday, a proposal that would allow lawmakers to tax owner-occupied housing at a different rate than other classes of property stalled on the second round of debate. Under LR2CA, sponsored by Sen. Tom Brandt of Plymouth, voters could have amended the state constitution to allow the Legislature to provide that owner-occupied housing constitutes a separate and distinct class of property for tax purposes and provide for a different method of taxing it than other types of property. The argument against this method contended that local governments would have to collect more property taxes from commercial and agricultural property owners to make up the difference. The measure did not have enough votes for cloture (33 required) and effectively ended the special session.
My fellow senators agree the work is not finished. This special session did allow us to focus on a narrower range of issues (property and other taxes) and generated some ideas we will continue to pursue in the next regular session beginning in January. As many have said before – if rewriting school funding and overhauling Nebraska’s tax structure was easy, we would have done it by now. I welcome the work ahead on this issue, and I look forward to hearing from you as always. mdorn@leg.ne.gov 402-471-2620. Thank you!
Since the end of the 108th Legislative session in April, I have devoted time to talking with various groups and fellow lawmakers about how to address the property tax issue. We ended the session without taking a vote on the one package that was before us, since the bill’s sponsor did not feel the votes were there to overcome the opposition. As you have heard, we are saving the last week in July and the first part of August for a potential special session to debate the latest Governor’s proposals.
My staff and I continue to field calls and requests throughout the interim months, and hope we can help to cut through some red tape and find constituents the answers they need on a wide range of issues. The calendar stays full, with or without that special session looming in the coming weeks.
Some of the activities I have participated in since the end of April include the ground breaking at Nebraska Innovation Campus (the old State Fairgrounds) for a new USDA agricultural research facility called the Center for Resilient & Regenerative Precision Agriculture. Closely connected is the need for quality broadband in rural areas. I, with a group of about nine others, met with the Governor about this in May.
A meet and greet for non profit organizations in Lincoln was held in May, and I am a member of a working group looking at inheritance tax and how it affects county budgets. I attended the annual firefighting school in Grand Island, and was honored with an award in mid May. The Building & Maintenance committee on which I serve, toured state owned facilities here in Lincoln, as well.
District 30 is well aware of the impact of the South Beltway project. Now we are gathering parties interested in moving the East Beltway project forward and holding meetings to look at that. Another exciting initiative was demonstrated to my staff and I in Pawnee City – a telehealth program to assist rural EMTs during emergency response and patient transport. They have access, with a monitor in the back of the ambulance, to live interaction with medical personnel, which was quite impressive.
I spoke to the statewide meeting of Cooperative Managers in Grand Island and attended the Governor’s town hall meeting in Seward. It was a pleasure to host fellow senator Rick Holdcroft in Adams, who spoke at the Memorial Day ceremony. Senator Holdcroft is a decorated and retired Naval officer who now represents District 36 (Gretna, Papillon area) in the Legislature.
In June I attended a meeting with Congressman Adrian Smith and health insurance providers to discuss that industry in Nebraska, as health care continues to be a major concern. When I am in the office, I meet frequently with staff from the Legislative Fiscal office to discuss state spending, and also the amount of unexpended funds that may expire in 2026 as part of the American Rescue Plan Act (ARPA).
It was an honor to attend the dedication of the VietNam Veterans Memorial in Papillion in early June. My staff and I met with the Gage County Sheriff and Gage County Attorney office about issues within the county. A milestone event in southeast Nebraska was the celebration of 75 years of broadcasting by KWBE radio, and we had an enjoyable evening with the radio personnel at their observance.
For a couple of very warm days in mid June, I joined in on the southeast Nebraska water tour, sponsored by the Daugherty Water for Food Institute at UNL. The importance of water use, management and conservation were on display with a number of excellent speakers.
I continue working with the National Conference of State Legislatures (NCSL) as Nebraska’s liaison. NCSL has been working for 50 years in all 50 states and is a solid resource and a great way to network and learn from other state representatives.
Most recently, I attended a regional development initiative meeting targeting southeast Nebraska. City and county officials and economic development organizations joined at the Governor’s request to share information and brainstorm ideas about employment, growth, workforce and housing. My staff was happy to fill in as the Governor proclaimed June as Dairy Month, with ice cream treats provided by Hiland Dairy and local producers from District 30.
It is always a highlight for my grandkids to join me for the Homestead Days Parade in Beatrice, a great event that draws a lot of people into the city and Gage County. On Monday, I served alongside other senators representing Lancaster County at the Center for People in Need in Lincoln; and later this past week, met with area mental health providers and DHHS officials about funding, and sat down with Sen. Ibach and new state broadband director Patrick Haggerty to discuss BEAD funding. I also met with local NRD officials this week about projects underway in southeast Nebraska.
As we move into July, I wish you all a meaningful and safe celebration of our nation’s birthday! County fairs will be here before we know it, and perhaps that special legislative session as well. My office is open at the Capitol but if we happen to miss you in person, you can always contact me at mdorn@leg.ne.gov or call 402-471-2620.
While this short session of the 108th Legislature was more productive than last year’s 90 day session, it still ended with extended debate on several issues. Other last day activities included a speech from the Governor, closing comments from Speaker John Arch, and farewell remarks from those senators who are term limited out or not running for re-election.
LB 388 was the first bill of the day to meet with opposition. Debate focused on the merits of expanding the tax base and the effect on taxpayers of various income levels, tax shifts, the potential of property tax to rise without this bill, and so on. After just shy of two hours of debate, Sen. Linehan moved to pass over the bill, which was allowed by the Speaker.
The next bill to be pulled off Final Reading for additional debate was LB 1363. This bill would increase the documentary stamp tax on real estate transactions. The revenue from this tax would be dispersed to several different funds: the Site and Building Development Fund; the Homeless Shelter Assistance Trust Fund; the Behavioral Health Services Fund; the Economic Recovery Contingency Fund for the establishment and operation of an office to pursue and coordinate grant funding on behalf of the state; the Military Base Development and Support Fund to support businesses and amenities linked to military installations and to enhance business attraction and economic growth in Nebraska’s military sector; and the Health Care Homes for the Medically Underserved Fund for federally qualified health centers. In the end, the introducer, Sen. McDonnell, asked the Speaker to pass over this bill as well.
The next major bill to be taken up was LB 1402, which would appropriate $10 million, administered by the State Treasurer, to be used to grant scholarships to students who apply to attend private schools. Nebraska students who are (A) receiving and education scholarship for the first time and are entering kindergarten, sixth grade, or ninth grade in a qualified school or (B) transferring from a public school at which the student was enrolled for at least one semester immediately preceding the first semester for which the student received an education scholarship to a qualified school. Scholarship granting organizations may apply to the State Treasurer for a grant which shall be used to provide education scholarships to eligible students to pay the costs associated with attending a qualified school. LB1402 also provides prioritization criteria which applicants shall follow when awarding scholarships. I voted for cloture on this bill.
Following the end of our work on bills, the Governor addressed the Legislature. He began by recognizing the loss of Ceresco Police Officer Ross Bartlett who was killed in the line of duty, and thanked all first responders for their service. Governor Pillen noted the accomplishments of the session that will strengthen the state. He also expressed his disappointment in not passing property tax relief and indicated a special session will be called.
Speaker Arch thanked the members, divisions and staff for their work and sacrifice of time. The number of bills passed in the 108th biennium came to 373, out of over 1,400 introduced. Each departing senator reflected on their time in the Legislature, knowing that despite saying farewell, they would be back sooner than later for that special session.
Please continue to send your communication to my office during the interim. My staff will be available to speak with you or answer your emails. 402-471-2620 mdorn@leg.ne.gov Thank you!
Day 59 of 60 is complete. A lot of work has been finished in the past few days, which encompassed every level of debate from General File (first round) to Select File (second round) to Final Reading. On Day 59 we passed 103 bills on to the Governor for his signature. It takes a large number of both hours and personnel to get just one bill over the finish line, to get over 100 finalized is amazing.
I want to recognize the divisions of the Legislature who work so tirelessly to get this done: Fiscal Office, Revisors’ Office, Legislative Research, Transcribers, Unicameral Information Office, Bill Room, Mail Room, Human Resources, Accounting and the Clerk’s Office. We also appreciate our Legislative Pages and the Sergeants at Arms, Security and our excellent Technology Center. Like any smoothly running operation, it takes many dedicated staff to keep things rolling along well. Our work requires all of these departments to insure compliance and accuracy.
Among the bills on Final Reading this past week were three that I introduced. LB 1095 was primarily “clean up” language to clarify the definition of motor fuels and motor fuel dispensers, define the average annual gas gallonage to the most recent three years, and explain that if there is a blend of diesel and biodiesel, only the biodiesel portion is eligible for the credit. This legislation was a follow up to my E-15 ethanol bill from last year.
A second bill, LB 1108e, transfers funds from the Game and Parks Commission Capital Maintenance Fund to the Nebraska Emergency Medical Systems Operations Fund. The money will be used to support the Statewide Trauma System Act and the Emergency Medical Services Practice Act. A lot of program titles! But the result will be improved training opportunities for rural emergency medical responders, who are desperately needed. And the “e clause” attached to this bill means it will go into effect immediately upon the Governor’s signature.
Another bill I am happy to have sponsored is LB 130. This measure will allow qualified nursing homes and long term care facilities to access federal funds. Boosting the reimbursements under the medical assistance program is a good first step toward keeping these health providers solvent and thriving.
I have enjoyed serving on the Appropriations Committee for this sixth year. It takes awhile to learn the ins and outs of the process. As you know, our state constitution requires us to pass a balanced budget. Requests for funding must be weighed against revenue sources (which includes taxes coming in as well as reductions in revenue), the health of the economy and the amount remaining in reserve.
Details are crucial in the Appropriations process and yet we have to deal with quite a number of variables and unknowns in putting together a budget. That challenge has been both aggravating and satisfying at the same time. Watching the different elements come together and seeing behind the scenes of state government has been interesting and illuminating.
The budget bills that we passed were returned with the Governor’s signature and with no line item vetoes. The state has money in reserve (the rainy day fund) and has allocated dollars for a level of property tax relief. The state must support education, health and human services, corrections and transportation, which consume the greatest share of the budget. The state’s 80+ agencies and multiple programs have been sustained – not always at the amount desired but all have been able to continue working for Nebraskans.
The Legislature has one day remaining in this short 60 day session, April 18. Two bills remain to be debated and voted upon, LB 1402 and LB 388. I anticipate a long day before we wrap up our work for the year. The possibility of a special session is being discussed, hinging on whether we pass additional tax relief through LB 388; and if the votes are there for changing the electoral college. Stay tuned.
My contact information: mdorn@leg.ne.gov 402-471-2620. www.nebraskalegislature.gov
With less than a week’s worth of session days yet to go, the procedure changes slightly here at the Legislature. There will not be enough time to take up any bill that has not advanced past the first round of debate, due to the time a bill must lay over for review by the Revisor’s Office. All remaining time will be spent on legislation that is on the second round or final reading. After the 59th day, we will be in recess for a few days to allow the Governor to sign or veto bills sent to his desk. Typically, the 60th day is reserved for veto overrides, if any; wrapping up the official record of the session and concluding remarks. This year we will still have bills on final reading on the 60th day, which falls on April 18th.
Since mid-March, we have been in session into the evening hours. We typically adjourn just before 10 pm, some sooner and one or two later than that hour. The long days have been necessary to allow full and fair debate on the matters before us.
One of those matters is in LB 388, which would be used to provide additional property tax relief to the people of Nebraska. As amended, it would have increased the state sales tax rate, imposed sales tax on the purchase of some items and eliminated the sales tax exemption on others. LB 388 was advanced to second round debate, but without those provisions due to the lack of support for an increase in sales tax. Extensive work is needed and alternatives will need to be brought forward.
The companion bill to LB 388, LB 1331, would require us to find an additional $1.17 billion, with a B, in the state budget; the goal of LB 388 was to generate those funds. LB 1331 as introduced by the Education Committee, would increase per-pupil “foundation aid” from the current $1,500 to $3,000, and aims to significantly increase state funding of K-12 education. Because it would also have a 3% cap on school district spending, the result would force down property taxes by an estimated 27.5%. However, without LB 388 as a funding source, the education bill, LB 1331, would be inoperable.
Without agreement on an amendment, LB 388 will not proceed and we will not have any more property tax relief in this session. That said, without passage of a revenue bill, a special session is a distinct possibility. The Governor may call us into a special session, and if so, we can take up only the topics indicated in the call.
In debate on LB 1300, The Pacific Conflict Stress Test Act, an amendment was offered to consider Nebraska’s Electoral College vote. Presently, Nebraska and Maine divide their presidential votes based on election totals. The remaining 48 states are “winner take all”; if Nebraska switched to this system, our five electoral votes would go to one candidate only. In the end, the ”winner take all “ amendment was ruled by the chair to not be germane to the bill, and a vote to override that ruling was unsuccessful. The bill itself did advance, and would require a comprehensive risk assessment to identify vulnerabilities, recommended mitigation and emergency response strategies for critical infrastructure, purchases and investments. The measure is intended to protect both systems and assets, whether physical or virtual, from encroachments on state or national security.
A compromise was reached on LB 399 and the bill was advanced to the second round. It would require transparency on the part of renewable energy development companies while giving residents the opportunity to comment on those projects. There are counties in Nebraska who do not have renewable energy zoning regulations like Gage and Lancaster counties have in place. So the bill calls for meetings to be held in the county in which a project was proposed and at least one board member of the private company would be required to attend in person. The company would also have to post a security bond as part of its decommissioning plan within six years. Any sale of the original project to another company would have to be disclosed. The hope is that the bill will not stop investment in Nebraska, but that it will also safeguard the views and concerns of the state’s residents.
Your input and opinions this session have been much appreciated. Please continue to contact me at any time at mdorn@leg.ne.gov, or call 402-471-2620. All legislative information can be found at www.nebraskalegislature.gov. Thank you!
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