Legislative Newsletter
Senator Tom Carlson-District 38
February 3, 2012

We have passed the one-third mark of this short, 60 day session. Committee hearings continue in the afternoon while we hold morning debate on hold over bills and those being advanced from this year’s hearings.

A bill that was heard last year in the Agriculture Committee was debated and advanced last week. LB 427, introduced by Senator Abbie Cornett, would require Nebraska commercial dog breeders to give their animals regular physical and dental exams, provide appropriate exercise areas, and use electronic microchips for identification.

Upon recommendation by the breeders, the bill also includes a section to deal with breeders who violate state regulations. It also clarifies steps the department of agriculture can take in denying licenses to breeders from out of state who have any history of law violation or animal abuse.
Dog breeder is defined as one who sells more than 30 dogs per year or owns four or more dogs with the intention to breed them for sale.

I introduced my priority legislation in front of the legislature’s Executive Board. Legislative Resolution 358 CA, meaning Constitutional Amendment, would increase the present term limits from two, four-year terms to three, four-year terms.

While term limits have positives such as new energy, new ideas, and preventing career politicians, I believe they also have negatives. The executive branch becomes more powerful, lobbyists can have more influence, and Nebraska senators have fewer opportunities to attain leadership positions in regional and national governing organizations.

The Unicameral is once again unique, in that term limited representatives can not run for the opposite house, as in done in many other states. The hearing was positive. There were proponent testifiers and letters of support at the hearing. No one came forward in opposition. This resolution will be on the November general election ballot if it is successfully debated and advanced from the legislature.

A constitutional amendment that is on Final Reading is one that would add Nebraska to a list of 13 states that make hunting, fishing, and trapping a right. Senator Ed Shrock first introduced this resolution in 2004. Senator Shrock at that time felt that organizations such as the Humane Society of the United States were a threat to outdoor activities. The bill eventually died.

Senator Pete Pirsch of Omaha brought LR 40 CA back last year and it was advanced on a voice vote this week. Senator Pirsch stated that Nebraska sportsmen spend $480 million dollars per year to hunt and fish. The ripple effect on the economy is $746 million per year. As with my proposed Constitutional Amendment, this bill will have to be approved by the voters of Nebraska.

Legislative Newsletter
Senator Tom Carlson-District 38
January 27, 2012

There were 468 new bills introduced during the first ten days of this session. Each of those bills will have a public hearing while, in the mornings, we have debate on “hold over” bills from last session.

Two of the bills on today’s agenda were advanced from the Ag Committee, which I chair. LB 459, introduced by Senator Schilz, would limit the adoption of any law by a political subdivision, regarding the ownership of an animal.

The bill is an important bill. As animal rights groups become more active in Nebraska, it is important to clarify statutes so that animals remain as personal property under ownership; and ownership not be confused with, or slide into, guardianship. The bill passed General File and advanced to Select File, which is the second round of debate.

LB 473, by Senator Louden, would adopt the Black-Tailed Prairie Dog Management Act. This bill allows for counties to develop and implement a plan to manage Black Tailed Prairie Dogs. Such a plan can not conflict with state or federal management plans. Prairie dogs are a problem in some areas of the state and I believe it is appropriate to allow for such management plans. This bill also advanced to Select File.

I introduced three new bills, in addition to my bills referred to the Agriculture Committee. My priority will be Legislative Resolution 358 CA, meaning Constitutional Amendment. The bill extends term limits to three consecutive four-year terms, instead of the current two four-year terms.

If approved by the legislature, the measure will appear on the November ballot for voters to decide. The hearing for this bill is February 1st, at noon, in front of the Executive Board. Please contact me with any questions or suggestions on this resolution.

LB 1156 would exempt non-equalized schools from expenditure limits in the Tax Equity and Educational Opportunities Support Act, more commonly referred to as TEEOSA. These schools, if they are under their levy limit of $1.05, feel their boards should be able to control district spending when they receive no equalization under the state aid formula. If LB 1156 would become law, the bill specifies that the extra spending would not be included in the state aid formula, and thus would not have the effect of increasing expenditures as a result of the formula. This bill is scheduled for hearing on February 13th in front of the Education Committee.

The third bill is LB 1058, which I introduced on behalf of the Department of Labor. The bill puts in statute rules and regulations that have been used by the department concerning employment law and makes changes to state law as required by the Federal government. It could be classified as a department clean up bill.

Legislative Newsletter
Senator Tom Carlson-District 38
January 16, 2012

The One Hundred Second Legislative Session, which is a 60 day session, is set to adjourn in mid April. This is the 6th year that I will represent the 38th District and the 4th year that I chair the Agriculture Committee. My office staff, Barb DeRiese, Nanette Hessee, and Rick Leonard, are all ready to assist you in person, by phone, by mail, or by email as the session progresses.

The interim time between sessions passed quickly last year as I attended meetings in the district, came to Lincoln for the November special session to deal with the Keystone XL Pipeline issue, and prepared for this year’s legislation.

The first weekend in January was a special meeting in Washington, D. C. The SARL conference is an annual meeting of legislators who serve on Agriculture and Rural Development Committees in their respective states. I invited Governor Heineman to speak concerning the HSUS, or Humane Society of the United States. The HSUS’s main goal is to stop the killing of animals for food. That objective is disastrous for Nebraska grain and livestock producers.

The HSUS is pursuing federal legislation for mandatory control of egg producers in the United States. In my view, this type of legislation is unnecessary, a threat to states’ rights, would cost the egg producers four billion dollars over the next 20 years, and not provide any meaningful public good.

I believe we should encourage all of our federal congressional representatives to oppose this legislation, again, which would be mandatory for all states. I don’t believe we want or need this type of legislation in Nebraska. Most people give money to the HSUS because they believe the money will be used to rescue abused cats and dogs. In reality, most of the money is used for salaries, administrative expenses, and for raising more money.

Governor Heineman stated during his speech that it is important to stay on offense against the group and that approach is showing results in Nebraska. His speech received many favorable comments and applause and the World Herald sent a reporter to cover his remarks.

A piece of legislation that I have introduced this session is LR358CA. This is a Legislative Resolution Constitutional Amendment, but it is treated as any other legislative bill. LR358CA would increase term limits from two, four-year terms for state senators to three, four-year terms. I am convinced this change would better serve the citizens of Nebraska. If my Resolution passes, it will appear on the November, 2012, General Election ballot. It must be approved by you, the voters of Nebraska. I will keep you informed on the progress of this bill.

Legislative Newsletter
One Hundred Second Legislature, First Special Session
Senator Tom Carlson-District 38
November 16, 2011

This is Day 11 of the Special Session called to deal with the Keystone XL Pipeline issue. Special Sessions proceed under different rules than regular sessions. The Governor makes the “call” and only one subject can be addressed. Any number of bills may be introduced as long as they come under that heading. The Legislature does not have to give seven days notice for public hearings as interested parties organize as soon as the call is public.

Due to the one subject rule, one standing committee hears the majority of bills. This year that was the Natural Resources Committee, of which I am a member. We spent three full and long days listening to 25 hours of testimony. Two bills, by Senator Langemeier and one by Senator Dubas, advanced to General File for full debate and both are now on Select File.

While we were debating LB 4 this week, the Speaker made an announcement that changed the course of the special session. TransCanada made a voluntary decision to move the pipeline out of the Sand hills and Nebraska agreed to pay for a supplemental environmental study in an effort to expedite the process.

LB 1 is a pipeline bill for future projects. During floor debate on Monday of this week, I made it very clear that for me to support a pipeline siting bill, three components had to be satisfied:

1. New legislation must exclude companies currently in the process of seeking a federal permit for oil pipeline construction in Nebraska. I don’t believe in changing the rules in the 4th quarter of a ball game.

2. Siting legislation for oil pipelines should not exempt any geographical area in the state. I believe exempting certain areas forever would not be sound public policy. Things change, times change, and we must maintain a position of concern for national security as we move forward.

3. Siting legislation should best fit the attitudes of most Nebraskans and be done the Nebraska way. Economic development for our state and the need to become energy independent are important concerns for the vast majority of most citizens of our state. We also care about our natural resources and will proceed to see that these resources are adequately protected now and in the future.

I intend to support LB 1 as it will be amended by Senator Dubas. I believe it addresses my concerns about a siting bill. We should be very careful about additional amendments beyond that of Senator Dubas.

This has been an unusual November for the legislature. I believe the Unicameral is working as it was intended with the citizens being the second house. Margo and I send sincere wishes to you and your families for a bountiful and safe Thanksgiving holiday.

Legislative Newsletter
Senator Tom Carlson-District 38
May 26, 2011

On this 87th day of the One Hundred Second Legislature, we adjourned Sine Die, meaning without a date to reconvene. We finished our work three days early this year. The Ag Committee, which I chair, and the Business and Labor Committee and the Natural Resources Committee, of which I am a member, did significant work this session.

The reform of the Commission on Industrial Relations was one of the most significant as it changes the state’s collective bargaining system for the first time since 1969. The Governor has stated he will sign the bill.

Nebraska law prevents public unions, which cover approximately 43,000 workers, from striking. In exchange, it requires public employers to bargain with unions and disputes must go to the CIR. As I have indicated to you in past reports, my goal as a member of the committee was to insure predictability, reliability, and similarity of communities when the CIR was called in to solve an impasse. LB 397 was in the works for a year. I believe the reform is meaningful, comprehensive, and substantial.

An issue before the Natural Resources Committee that caused much discussion was LB 629, the Keystone XL pipeline bill. Under the amended bill, a pipeline company would be responsible for restoring areas where the line is constructed or operated. Costs to restore could include clean up of any spill and rehabilitation of real and personal property, natural resources, wildlife and vegetation.

Redistricting was another required, but difficult issue for the body this session. Districts are to follow county lines whenever possible and form districts that are compact and contiguous. The new districts become effective upon the Governor’s signature, which was anticipated without delay

There are many changes to legislative districts as a result of redistricting. Unfortunately, District 49, now served by Senator Louden, will move to the west Omaha area. Other rural districts have increased geographically because of the population shift to eastern Nebraska. This is a critical concern for rural Nebraska, and we must try to come up with and implement a plan to encourage new people to move the rural Nebraska to really enjoy “the good life.”

Margo and I look forward to our summer visits to district senior centers, parades, and other community special occasions. We encourage you to contact us with your concerns and your ideas for solutions to our rural challenges. Remember, our budget is balanced, taxes were not increased, and we have the possibility of rebuilding our cash reserve over the next several years.

This is my last weekly column until the legislature resumes in January of 2012.

Legislative Newsletter
Senator Tom Carlson-District 38
May 20, 2011

On this 83rd day of the 90 day session, we are working late to debate the major proposals of this session. The Governor signed the two year, $7 billion, balanced budget, which is the only bill the legislature is required by the state constitution to pass. The cash reserve now needs to be rebuilt with projections of reaching $300 million by 2013. We need to do better than that.

The Governor also signed LB 84, to ear mark a quarter of each one cent of the state 5% sales tax for roads funding. Collection of that amount could bring in $65 million a year or an estimated $1.3 billion over 20 years. The bill will be implemented in 2013.

One bill the Governor vetoed was over ridden by the legislature. LB 421 will increase state park entry fees, both daily and annual, beginning January 1. Nebraska has more than 80 state park facilities and records nine million visits a year. State Game and Parks uses fees, not taxes. for 70% of its operating and maintenance costs. This is a good bill.

Senator Fulton’s bill to ban telemedicine abortions is on Final Reading. LB 521 would require a physician to be physically present when any procedure involving abortion is performed and is specifically aimed at the remote prescription of the drug RU-486. Iowa currently allows such procedures.

We worked late debating LB 690, the Parental Notification Bill. This bill would require parents to consent to a minor daughter’s, younger than age 18, abortion. LB 690 is now on the second round of debate.

The legislature gave resounding first round approval on a vote of 47-0 to Senator Sullivan’s bill to require TransCanada and other future builders of petroleum pipelines to do all necessary reclamation work from construction through the time when operations and pumping stops. The pipeline, which is still awaiting approval from the U.S. State Department, would originate in Alberta, Canada, and run through the Nebraska Sand Hills to the Gulf Coast.

The Natural Resources Committee heard three bills concerning regulation of the pipe line. The committee decided to forward this bill and emphasized the economic benefits of the pipeline, including increased use of our public power grid.

Legislative Newsletter
Senator Tom Carlson-District 38
May 13, 2011

The budget bills were passed on Final Reading and sent to the Governor last week. The hard work of the Appropriations Committee, along with the fact there are no extra dollars to spend, made the first and second rounds of debate go rather quickly. The legislature took the situation of dwindling tax receipts to heart and made cuts where necessary to pass a balanced budget without raising sales or income taxes.

A bill making its way through the legislature is LB 684, introduced by Senator Schilz of Ogallala. I spoke on the bill during the second round of debate. The bill would create a Travel and Tourism Division Advisory Committee within the state Department of Economic Development.

The committee would develop a statewide strategic plan to cultivate and promote tourism, which is a $3.8 billion industry in our state. Nebraska hopes that due to higher gas prices, more residents will vacation closer to home. While this bill will not directly affect that effort, we always need more ways to encourage resident and visiting travelers to leave the interstate and enjoy our great state.

Lightweight, low speed electric cars will be allowed on some Nebraska roads under LB 289, now on Final Reading. The bill would let so-called “neighborhood electric vehicles” onto streets with a posted speed limit of less than 35 miles per hour. The vehicles must be four wheeled, weigh less than 3,000 pounds, and only reach speeds between 20 and 25 miles per hour. Drivers would be required to carry liability insurance, register the vehicle, and have a valid driver’s license. All vehicles purchased after January 1, 2012, would need a title.

Margo and I were in Arlington, Virginia, May 5th and 6th, for the annual conference of the Animal Agriculture Alliance. Members came from all segments of animal agriculture and have a goal of seeing meat production be well managed, profitable, and expanded to help fulfill our mission to feed the world.

We believe in the humane and proper raising and treatment of animals. In that point we agree with the animal activists. However, animals are not people with the same rights as human beings. Animals are property, and we strongly believe that status should not change.

We, in Nebraska, have appropriate oversight and regulation enforcement through the Department of Agriculture. Outside groups are unreasonable in their efforts to substantially change our way of livestock production. We can’t let them be successful.

I spoke for 25 minutes on the subject of animal activism and the harm it imposes on animal agriculture. Our mission to help feed the world is a noble mission. We must be successful and we must not be sidetracked by groups that have opposite views.

Legislative Newsletter
Senator Tom Carlson-District 38
May 6, 2011

The budget was the main topic last week in the legislature. Senator LaVon Heidemann, the chair of the Appropriations Committee, conducted an early morning briefing for senators and staff before the debate began. His committee worked hard all summer and fall to forward a bill with details of the next two year, $7 billion budget. The eight bills comprising the budget passed the first round of debate in less than four hours of discussion.

During the comment time of the briefing, I tried to make it clear that, in my opinion, as the economy improves we should rebuild the cash reserve to about $700 million before we increase spending.

During the debate an amendment to add unexpected cash receipts over the next two years to the cash reserve also passed. A $300 million cushion for the 2013-15 budget years might be realized if the Economic Forecasting Board is correct in its assumptions about the economy. The cash reserve is vital to Nebraska’s state budget. Senator Heidemann stated that a reserve of $700 to $800 million is the amount needed to be appropriate when crafting a state budget.

The reserve we had in Nebraska made the past biennial budgets work with few department cuts and no tax increases. Nebraskans are able to “tighten their belts” and make the best use of the money available when times are tough. However, most of the reserve is now expended. I have visited with legislators from other states in my role as chair of the Ag Committee. Nebraska is in very good shape compared to most, again due to the cash reserve and also to our Midwestern values.

We voted 44-0 to override the Governor’s veto of LB 600. The bill was strongly supported in District 38 and I appreciate those who contacted my office in regard to the over ride. LB 600 will cause nursing facilities to pay $3.50 per day per patient to the state. The money will then be leveraged for additional federal dollars. The bill is a way to return federal dollars to the state and control costs for both Medicaid and private pay patients. Long term care facilities will receive back $2.60 for every dollar paid to the state.

Nursing facilities do not profit under LB 600, they merely lose less. State reimbursement to private providers has been hit hard by the budget cuts I previously mentioned. The legislative Health and Human Services Committee has worked hard to find dollars where ever they can to ease the pain of these budget reductions.

A second veto override attempt that created a lot of discussion was LB 204, introduced by Senator Council of Omaha. The bill would have required blood tests for children attending public and parochial schools to determine their exposure to lead based paint.

There were exceptions to the testing if certain physician’s statements were provided or the testing would conflict with religious beliefs. I voted for the measure, but it failed on a vote of 21-20. Override motions require 30 votes.

Legislative Newsletter
Senator Tom Carlson-District 38
April 22, 2011

The legislature spent most of the time since my last report on LB 84, the roads funding proposal. The majority of bills pass Select File, the second round of debate, on a simple voice vote. However, major proposals, such as LB 84, often pass General File with the introducer indicating that he or she will work out some differences and bring amendments to Select File that will satisfy the opponents of the original bill as advanced from committee.

LB 84 originally came forward ear marking one half a cent of existing sales tax revenue for roads improvement for the next 20 years, beginning in 2013. The estimated revenue would be $65-$70 million annually. As most of you know, the bill created a stir among educators and health care providers. State funding for those services comes from sales and income tax.

Senator Fischer came back on Select file with a proposal to lower the rate to a quarter of one cent. There were many opposing amendments before Senator Fischer began debate on her newest proposal. The bill moved to Final Reading on a vote of 36-12.

I spoke on the proposal with my thoughts on what government should be. It should provide for public safety and protect us from foreign and domestic threats. It should preserve and protect our freedoms while being as small and non-intrusive as possible. It should refrain from encroaching on states rights and local control. Government should provide for quality public education K-12

Government should help those who can’t help themselves. However, the state has no responsibility to take care of those who can take care of themselves but choose to not do so. It should encourage opportunities for those who desire to be self sufficient to achieve those goals, and adequately fund roads and other appropriate modes of transportation as necessary

Our federal government has decreased funding for state roads. Of course, those of us who think we need to decrease federal spending are OK with that fact. Our government has concluded that the gulf and Alaska are not prime sources of oil. Therefore, the price at the pump continues to rise to the detriment of the poor and middle class consumer. The fuel tax becomes scarce as people are forced to drive less and is not the best way to fund roads.

LB 84 is action and makes the legislature plan for the next two sessions. There may be ways to tweak this bill and there will be some offered in the next two years. In the meantime, I supported the bill and will be willing to look at alternatives to this problem that must be addressed. It affects all Nebraskans and the economic development that runs throughout our state.

Legislative Newsletter
Senator Tom Carlson-District 38
April 15, 2011

The Legislature has 26 working days to complete a long list of priority bills. Most callers to my office this past week have opinions on bills concerning The Commission of Industrial Relations, the removing of labels from pumps dispensing fuel with alcohol content, the Keystone pipeline project, and using sales tax proceeds for roads projects. In addition, the body must debate and pass bills pertaining to the next biennial budget and redistricting.

Speaker Flood has chosen two of those topics as his Super Priority Bills for this session. That designation for both CIR and roads legislation allows him to put motions and amendments in particular order to avoid filibusters. The Executive Board of the Legislature must vote to give the speaker that power.

LB 397, the CIR reform bill, had an unusual noon public hearing last week due to several bills being merged into a comprehensive 67 page amendment. As a member of the Business and Labor committee, I have been aware of this issue since January. The resulting amendment proposes the first overhaul of the state’s collective bargaining law since 1969.

One of the main points in LB 397 requires the CIR to consider workers’ wages, pension, and health care benefits when looking at compensation. The CIR presently uses only wages. A second point requires the CIR to use geographically proximate cities when comparing compensation.

It allows either party to require cost of living be considered, particularly when the community to be compared to is out of state. It has provisions to freeze wages and benefits if a group is above the mean, or average, in an array for comparison. I will report more on this bill as it works through the legislature.

LB 229, concerning transfers of money from the Environmental Trust Fund to the Water Resources Cash Fund, has also had a lot of revisions by the Natural Resources Committee and many interested parties. A Select file amendment was discussed and the bill moved to Final Reading yesterday.

The bill provides for equal allocations from the Environmental Trust and the State General Fund, for the next three years, to the Water Resources Cash Fund. If certain bench marks are met, the agreement could continue for additional three year periods.

Another bill creating a lot of discussion is LB 357, to allow cities to increase their sales taxing authority by one half per cent if approved by a vote of the people. Cities and towns now have the authority to raise 1.5 cents above the state tax of 5.5%. Seventy-six cities are now at the maximum rate of 7%. I voted to advance the bill to Select File.

Proponents said that the recent cuts to cities and counties leave few options for necessary municipal services. LB 357 would allow an increase in sales tax with a vote of the people. A safeguard in the bill, to be introduced on Select File, is that the ballot question must include a description of the project to be completed with the additional revenue and the time limitation on the tax.