Legislative Newsletter

Senator Tom Carlson-District 38

April 9, 2010

On these final days of the session, we are finishing up debate and doing final reading on legislation for the One Hundred First Legislature, Second Session.

A bill that caught the interest of many in the state is LB 945.  The new law prohibits drivers from using handheld wireless communication devices to read, type, or send written communications while operating a motor vehicle.  In other words, no texting while driving.

The bill makes texting a secondary offense, which means drivers have to commit a primary traffic violation before they can be cited for texting.  The fines will be $200 for a first offense, $300 for a second, and $500 for a third and others.  Drivers will also be assessed three points on their license.

I am pleased to report that the Governor signed LB 1057, my priority legislation, creating the Republican River Basin Water Sustainability Task Force.  I am now in the process of creating a list of those interested in serving to forward to the Governor.  The bill sets out the specific groups that will have an appointed representative.  They include two from each NRD in the basin, four total from irrigation districts, one each from a school district, a city, a county, a public power district, and two members from agriculture related businesses in the district. Any person living in the basin may contact my office or the offices of Senator Christensen or Langemeier.  We will make recommendations to the Governor, and he will make the final appointments.

Task force members will be reimbursed for actual and necessary expenses incurred in carrying out their duties.  That generally includes mileage and necessary meals away from home.  The members will be appointed for two years and the task force will meet no less than quarterly.   I look forward to the task force getting into its important work.

A select file discussion on the floor last week concerned LB 594, introduced by Senator Cap Dierks.  His bill would require women seeking abortions to be screened to determine whether they are at risk of having mental or physical problems after the procedure.   The bill advanced to final reading on a vote of 36-7.

A long awaited bill also discussed last week was LB 999, introduced by Senator Cathy Campbell of Lincoln.  I received many letters and emails concerning this bill, which originally put a two year moratorium on new hospital construction.  The amended bill would exempt all hospitals which began construction prior to May 1, 2010.  The bill is an example of parties sitting down together and coming to an acceptable solution to a challenge that had strong objections on either side.

Legislative Newsletter

Senator Tom Carlson-District 38

March 26, 2010 

The legislature is working evenings now that we have 10 days to complete the session.  The budget, which we are required to pass, is now on the Governor’s desk for approval.  The 3.4 billion budget includes a 2 percent cut for most state agencies on top of a 5 percent cut approved in last November’s special session.   Certain appropriations to education, health care, and law enforcement will not be subject to cuts.  Speaker Flood thanked the legislature for its cooperation in passing the budget. 

 A bill debated along with the budget package, LB 1106, would authorize school-based health centers, projected to provide additional savings for the state.  Such centers, located in, or adjacent to a school, may provide medical, behavioral, mental, preventive, and oral health care.  An amendment prohibits school-based health centers from counseling for, prescribing, or dispensing contraceptive drugs or devices.

General file debate was held last week on Senator Christensen’s bill, LB 862, which cleans up language for NRDs to implement an occupation tax on irrigated land.  The revenue, in the Republican Basin, would be used to help prevent a water short year. Revenues are essential to put tools in place.  We want to, must be, in compliance in our compact with Kansas.  It is also important to work toward water sustainability for the long term. When we reach water sustainability, we will be in compliance. 

 This issue will be addressed by the Republican River Basin Water Sustainability Task Force, being created by LB 1057, which is my priority bill.   This legislation is on Final Reading. In the interim, Senator Christensen and I will study an amendment that would change the occupation tax from a flat amount per irrigated acre to an amount based on the number of inches of water actually used.  I believe this would be a more fair way to administer the tax.  

The bill that kept us late last week, LB 1079, dealt with the State Tax Equalization and Review Commission, more commonly called TERC.  I had many calls and emails concerning this bill, which was opposed by most counties and school districts.  The bill would have changed the process for appealing property tax assessments.  After several hours of debate, the bill failed to advance.

Senator Brad Ashford of Omaha is sponsoring LB 800, a bill given first round approval that would reform Nebraska’s juvenile justice system.  The bill is designed to remove significant obstacles for juveniles in the areas of education and employment. The bill addresses early intervention, parental involvement, school attendance and alternatives to detention by bringing together law enforcement, courts, schools, parents and the community to solve problems related to youth crime.

Have a great Easter week.  “He is risen!  He is risen, indeed!”