Legislative Newsletter
Senator Tom Carlson-District 38
February 17, 2012

The short 60 day session is half over. Last week was a very busy legislative week for me. My Priority Bill, LR358CA, was voted out of the Executive Board Committee. It will now be discussed by the entire legislature on. If it passes, it will appear on the November, 2012, General Election ballot, where you will have the opportunity to vote on the resolution.

As I’ve said before, I am for term limits in the Nebraska Legislature. With all there is to learn, eight years goes by very quickly. After this session we lose nine senators who have served the two terms. Most are now performing at a high level. I strongly believe if they could be re-elected by their constituents to a third term, the extra four years would be their most productive.

We would still retain term limits with new energy, new ideas, and new enthusiasm coming to the body every four, eight, or 12 years. I strongly believe you, the citizens of Nebraska, would be better served by the passage of LR358CA.

There have been many calls and emails to my office concerning the Governor’s proposed tax package. Counties are worried about financing local services if the inheritance tax is eliminated as part of LB 970. The state repealed the estate tax in 2007. However, counties are able to collect an inheritance tax, which pays for such things as roads and bridges, economic development, senior centers, and veterans assistance.

Last year the legislature repealed state assistance for cities and counties. All of the aforesaid services will have to be cut, eliminated, or shifted to an increased property tax if the inheritance tax is no longer available. The Revenue Committee will make a decision on how to advance this important bill.

A bill that I introduced in the Natural Resources Committee last year, LB 526, to allow changes to water transfers, was debated on General File and advanced on a vote of 33-0. Proper management of our water resources, both ground and surface, is so critical to continued production of agriculture.

This bill would allow the use of a surface water irrigation transfer for a non-consumptive use. Normally a transfer is for a consumptive use by a crop. This bill is important in multi-state compacts and other agreements concerning water.

The Ag Committee heard three bills last week. LB 927, introduced by Senator Louden, would authorize cattle brands as official identification. LB 907, which I introduced, would change provisions relating to agricultural tractor permitting and a sales tax exemption. I believe the passage of LB 907 would be helpful to the tractor testing lab at UNL, as well as for our equipment dealers and citizens of the state.

LB 1123 would adopt the Nebraska Healthy Food Financing Initiative Act. That bill, to enable people to have access to healthy foods, was passed last year but vetoed by the governor. Senator Council reintroduced the bill.

Legislative Newsletter
Senator Tom Carlson-District 38
February 9, 2012

The Agriculture Committee met last week to hear bills concerning corn and wheat check offs. LB 905 would revise the manner of calculating the check off dollars collected under the Nebraska Wheat Resource Act as a percentage of value rather than as a set amount per bushel. State law would set an assessment rate beginning on July 1, 2012, with authority for the Wheat Board to adjust the rate within a statutory maximum.

LB 1057 would set the check off rate for marketing of corn in Nebraska at one half cent per bushel beginning January 1, 2013. The bill would also allow the Nebraska Corn Board to adjust the check off in one-tenth cent increments within a statutory maximum of one cent per bushel if approved by a super majority of at least seven members of the board.

I will argue that a check off is a form of tax. What makes it unique is that the Wheat Board and the Corn Board are making decisions to tax themselves. The money raised is for promoting their products and educating consumers on the value of purchasing their product. The check offs also fund research to develop new seed lives that encourage more efficient use of water and more disease resistance, while increasing profit and production per acre. These two bills encourage investment back into the business of growing wheat and corn and I support the plans.

Tuesday, February 7th, I was on Channel 13 news talking about taxes. This was taped early in January at the start of the legislative session. My remarks were about income taxes, not property taxes. I believe property taxes are too high. I do hope farmers and land owners pay income taxes. That includes me, and it indicates there are profits in agriculture. I want profits to be extensive in crop and animal agriculture. That success will generate income taxes, which are critical to the state of Nebraska.

Speaker Flood announced that committee and senator priority bills must be designated by February 16th. The speaker attempts to make sure that priority bills are given floor debate once they are advanced from committee. During a short, 60 day legislative session, it is important that legislation have priority in order to be debated and passed. I will discuss my priority legislation with you in the coming weeks.

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.