The following are bills that I have introduced this session. Many of them deal with concerns in school aid to K-12 education, agriculture, economic development, higher education and other areas of concern to the 37th District.

LB 746, a bill to change the Motor Vehicle Operators License Act that relate to the issuance of school permits. If enacted into law, a person living a distance of one and one-half miles or more from the school he or she attends and resides in a city of the first class could be issued a school permit.

LB 747, a bill relating to railroads, specifically to withdraw the State of Nebraska from the Midwest Interstate Passenger Rail Compact and to repeal those sections of the Nebraska Statutes authorizing Nebraska’s participation in the Compact.

LB 830, a bill to clarify that biochips used for the genetic and/or protein analysis production livestock, commercially produced plants, companion and research animals are not subject to state or local sales and use tax.

LB 844, a bill to change provisions relating to the use of child support and medical support and to parenting time, and to repeal the original sections.

LB 850, a bill to create an income tax credit to encourage eligible persons, as defined, to take up residence in Nebraska counties that have experienced a loss in population between 2000 and 2010 of at least 5 per cent. The bill specifies the requirements of eligibility for a person to receive the refundable income tax credit.

LB 872, a bill to change the apportionment of business revenue generated from the sales or use of intangibles. The bill will prevent the State of Nebraska from levying tax on business revenue generated from sales and use of intangibles that would be in the form of double taxation. The treatment business revenue from the sales or use of tangibles and intangibles would be apportioned in a similar fashion.

LB 947, a bill with the purpose of maintaining the biennial budget allocation of state funds established for state aid to education by the 2011 legislature. In order to preserve the allocation of funds, as set forth in the biennial budget passed last year, the language of bill provides the necessary adjustments to the Tax Equity and Educational Opportunities Support Act formula.

LB 1055, a bill requesting an appropriation for the construction of a new Kearney Division facility and related improvements for the University of Nebraska Medical Center College of Nursing and University of Nebraska Medical Center School of Allied Health Professions.

LB 1093, a bill to change the statutes relating to the foreclosure proceedings for delinquent real estate taxes. The county containing the property with delinquent real estate taxes would be allowed new remedies, if a property has been offered for sale, but not sold on two occasions for want of bidders.

LB 40, a bill to amend section 77-2704.12, Reissue Revised Statutes of Nebraska, to clarify the sales and use tax exemption from sales or use taxes for non-profit health clinics owned by a non-profit hospital and to provide sales and use tax exemption for the health facilities, as defined.

LB 972, a bill I cosponsored with Senator Ashford to move the YRTC facility from the Department of Health and Human Services to the Department of Corrections.

Please do not hesitate to contact my office either by email, ghadley@leg.ne.gov .or phone, 402 471-2726 with any questions or concerns.

Last night I listened to a television commercial that stated “the only acceptable solution to the Keystone XL pipeline route is legislation to force it to move from the Sandhills”. Anyone listening to this ad would be left with the inaccurate impression that the Nebraska Legislature could force TransCanada Pipeline Company to move the Keystone XL pipeline from the Sandhills by legislation. The Nebraska Legislature is constrained by existing Federal and State laws. In light of this ad and information provided by all interests I would like to present accurate information to my constituents about what the Nebraska Legislature is facing during the current session.

First, the Legislature CANNOT enact legislation that would only apply to the present TransCanada XL pipeline and that would cause that particular pipeline to be moved from the proposed route across the Sandhills, over the Ogallala aquifer to another site within Nebraska. The vast majority of the legal experts that have written opinions addressing this subject, including the Nebraska Attorney General all agree with this analysis. Any such legislation could be ruled “Special Legislation” and be determined unconstitutional by the Nebraska Supreme Court. Special legislation is a legislative act that (1) creates a totally arbitrary and unreasonable method of classification, or (2) creates a permanently closed class.

The Legislature CAN try to enact siting legislation that sets up a process for using a governmental body to determine what would be the appropriate route for an interstate pipeline through the State of Nebraska. We are meeting at the present time, to determine what is legally possible and appropriate. The Governor called the special session to deal only with oil pipelines. The Governor stated “”I’m not certain there’s a solution, but I know it’s important that we try.”

The Legislature has received no less than five expert legal opinions on the legal issues with siting legislation in this special session. Three have stated any siting legislation would likely be unconstitutional and two have said we can enact siting legislation that is constitutional if done carefully.

The legal issues are as follows:

*Special Legislation

We cannot enact legislation to force the XL pipeline to be moved from the Sandhills. The legal experts offering opinions on the present subject are in general agreement that specific legislation applying only to the XL pipeline would be “special legislation” and therefore unconstitutional .

*Safety Issues and Federal Law Preemption

Much has been said about the fear of an oil leak in the pipeline that would enter the Ogallala aquifer. Any state legislation that is enacted cannot deal with pipeline safety including environmental safety issues. That is specifically covered by the Federal Pipeline Safety Act. If Nebraska were to enact a law dealing with safety it would be an attempt to preempt the federal law and would likely be ruled unconstitutional. It is the federal government that determines if the pipeline is safe.

*Dormant Commerce Clause

The “Dormant” Commerce Clause, also known as the “Negative” Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution. The Commerce Clause expressly grants Congress the power to regulate commerce “among the several states. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse — a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. So a Nebraska law could not improperly burden or discriminate against interstate commerce. The Keystone XL pipeline crosses many state borders and an international border. Would a Nebraska law violate the Dormant Commerce Clause?

Any legislation passed could be the subject of a lawsuit. TransCanada Pipeline Company as well as other states in which the pipeline crosses possibly may sue Nebraska for what they feel are damages. Siting laws in Montana and South Dakota have not been tested in a federal court so there is no basis to believe they are constitutional or unconstitutional. A Federal or State court would have to determine the constitutionality of any act passed by the Nebraska Legislature if a lawsuit is brought against the State of Nebraska.

Three bills have been put forward in this special session that deal with these issues. One bill would place the siting authority with the Nebraska Public Service Commission. Another bill would eliminate the Sandhills as a site for any oil pipeline. The third bill would set up a commission that would report to the Governor for his final determination on the siting of an oil pipeline. These are to be heard in the Natural Resources Committee and if passed out of the Committee heard by the entire legislature.

http://nebraskalegislature.gov/bills/view_bill.php?DocumentID=15121

http://nebraskalegislature.gov/bills/view_bill.php?DocumentID=15149

http://nebraskalegislature.gov/bills/view_bill.php?DocumentID=15278

This is the new map for Legislative District 37. If you have questions please feel free to call my office at 402-471-2726 or email me at ghadley@leg.ne.gov

Thank you,

Senator Galen Hadley
Legislative District 37

LB703_2011_Legislature_Dist37A