The last day of the 102nd Legislature, Second Session, was delayed a week. While it is unusual, it is not unprecedented that the 60 days were not consecutive in order to have the opportunity to override bills that were passed on the later days of the session and then vetoed by the Governor.

There were three major bills to consider over-riding. LB 806, to allow betting on historical horse races was viewed by opponents, including myself, as expanding gambling in our state. Proponents claimed the bill was a jobs bill, not a gambling bill. The override was defeated on a vote of 28-20. Senator Lauhtenbaugh moved to reconsider the vote, which is a procedural move to extend the debate. That motion failed, also on a vote of 29-20, and the veto held.

LB 357 was the second bill reconsidered for override. Introduced by Senator Brad Ashford of Omaha, the bill would allow local sales tax to be increased by 1/2 percent with 70% approval of the municipality’s governing body before the proposed increase can appear on the ballot for approval by voters in primary or general elections. Such sales tax increases in District 38 would be earmarked for public infra-structure projects. I view this issue as a matter of local control. Local governmental entities and the local voters should decide this matter, not the Legislature.

There are also sunsets in the bill so increases can not last indefinitely. Cities can presently add up to1.5 cents to each dollar spent. The Nebraska League of Municipalities reported that 86 of the 194 Nebraska cities that impose a sales tax have reached the 1.5 percent maximum. The override motion was successful on a vote of 30-17.

LB 599, to restore prenatal care benefits to pregnant women, including some not legally in the United States, was the last bill considered. I toured the state last week with Speaker Flood and other pro-life senators to meet with health officials in Scottsbluff, Kearney, and Grand Island.

All agreed that lack of prenatal care for low income pregnant women can lead to many health issues for newborns, including increased risk of birth defects, low birth weight, and slowed mental development. The medical community believes that each dollar spent on prenatal care prevents four dollars from being spent on babies with serious health issues. As I have written in previous news, I believe this bill is a pro life bill and an economic bill. I voted in favor of bringing healthy babies into this world, who will be Nebraskans and U.S. citizens.

The session ended with farewell comments from nine retiring Senators. The legislature will miss their experience and leadership. I will be spending much of the interim working on informing Nebraska citizens about LR358CA, the Constitutional Amendment to extend term limits to three consecutive four year terms. You will decide this issue on the November ballot. I introduced this legislation and will be working hard for its passage.

Margo and I look forward to visiting the 38th District communities, as we have in the past. In the meantime, my Lincoln office staff will be available to assist you with any Nebraska state issues.

We spent two evenings last week debating LB 599, the bill to restore prenatal care benefits to pregnant women, including those not legally in the United States. The bill was advanced to final reading late last night. The arguments against this bill are that it is an illegal immigration bill. I believe it is a pro life bill, and an economic bill. Holding true to my pro life position, I have to vote in favor of bringing healthy babies into this world, who will be Nebraskans and U.S. citizens. The fiscal note shows us that prenatal care saves thousands of dollars over intensive care for babies delivered with birth defects due to the mother not having access to medical care during her pregnancy. The bill faces one more round of debate. The fact is this: with or without LB 599, we will take care of the mother and the baby in our system. We as a society do not refuse medical care.

Yesterday’s Final Reading agenda had six bills with my name as sponsor. My personal priority legislation, LR358CA, the constitutional amendment to increase term limits to three, four-year terms instead of the present two, four-year terms, required 30 votes to pass and it got 31. The measure will now be on the November general election ballot for you, the voters, to decide.

LB 905, to change the Nebraska Wheat Resources Act, passed on a vote of 44-0. The bill allows the check off rate to vary with the market and value of wheat. It will also help stabilize the fund, which supports research, marketing, and promotion of the value of wheat products in the food chain.

LB 1057, also advanced to the legislature by the Agriculture Committee, increases the current fee of 1/4 cent per bushel of corn to a half cent. The operative date for the new rate is October 1, 2012. The bill also passed 44-0. The corn board uses check off dollars for research on varieties for greater production with less water requirement and also for greater efficiency on the use of chemicals and fertilizer. The board also invests in marketing approaches and education of the public on the value of corn and corn products in the production of food and energy.

There were A bills following both the wheat and corn check off bills. A bill stands for appropriation and designates which state fund will receive the money to carry out the provisions of the bill. These bills are funded with revenues from the programs and require no state general funds. Both A bills passed with no dissenting votes.

Representative government is the best form of government in the world. It may also be messy and frustrating at times. We have separation of powers between the legislative, executive, and judicial branches. We don’t have a dictator form of government. This is good, but it presents differences of opinion between the executive and legislative branches. When this happens it is uncomfortable; but overall provides good balance. That is why we have veto and over ride provisions in our state Constitution.

The budget has been the main focus for the past two weeks and debate has continued into the evening hours. We began with the Governor’s proposal of three years of tax cuts for middle and low income Nebraskans. The bill is now one third of what the Governor introduced several weeks ago. The amended bill provides no tax relief for any single taxpayer who makes more than $29,000 or any married couple who make more than $58,000. People with higher incomes do not benefit from LB 970, as amended. I voted for the amended bill, but I believe tax cuts should cross all levels of income.

The Governor’s original plan also would have eliminated county inheritance taxes. That section was dropped from the amended bill. I believe the decision to eliminate county inheritance taxes should be made by the counties, not the state. The bill passed first round of debate.

The Natural Resources Committee, of which I am a member, forwarded an amended version of LB 1161 to the floor for full debate. The bill clarifies earlier legislation to allow the Department of Environmental Quality to work with TransCanada on a new route without a memorandum of understanding with the U.S. State Department. The issue had stalled due to a special session law requiring the memorandum of understanding before DEQ could begin an environmental review. The amendment also inserted the requirement that Governor Heineman approve any route agreement between TransCanada and the state department of environmental quality.

Two Ag Committee bills to change wheat and corn check offs passed the first round of debate as Committee Priority Bills. LB 905 would change the wheat assessment to a percentage of value. Wheat is presently assessed at a fixed rate per bushel.

LB 1057 would increase the promotional corn check off from the current 1/4 cent per bushel to 1/2 cent per bushel, beginning in October, 2012. Both the corn and wheat check offs have remained the same for more than 20 years while the purchasing power of the check offs has eroded.

The corn and wheat check offs are used by the producers for promotion and marketing of their product, education on the value of their product, and research to increase production while improving efficient use of fertilizer and water. I believe these are wise uses of dollars invested to enhance two segments of agriculture.

The legislature has 1/3 of the allotted time left to finish the important bills still on the agenda.
One of the crucial topics being addressed this year is child welfare reform. Senator Campbell of Lincoln worked with many over the interim to present a package of bills to start the process. One bill returns foster care and case management to the state department of Health & Human Services instead of private providers. Another bill will create the Office of Inspector General of Nebraska Child Welfare Act in the Ombudsman’s office.

In addition, LB 821 would create the 22 member Nebraska Children’s Commission charged with creating a statewide plan to reform child welfare programs and services in the state. The package of bills is on Final Reading.

A bill now at the second round of debate, LB 950, would dedicate money repaid by NRD’s in the Republican Basin to fund future water projects. Senator Christensen introduced the bill and Senator Heidemann has an amendment for second round debate to clarify how funding will be provided.

Three bills introduced in the Agriculture Committee were passed last week. LB 771, which I introduced, incorporates provisions of the 2009 Food Code into the Nebraska Pure Food Act.
LB 770, which I also introduced, clarifies the definition of noxious weeds used in the Nebraska Seed Law. Both bills passed on votes of 49-0.

The third Ag bill, LB 427, by Senator Abbie Cornett, defines stronger licensing requirements for commercial dog breeders and passed on a vote of 46-3. I have discussed this bill in previous weekly newsletters, which you can find at www.nebraskalegislature.gov at the Senators’ pages. If you do not have internet access, my office staff is always happy to assist you in any way. The phone number is 402-471-2732, or you may write to me at Senator Tom Carlson, District 38, PO Box 94604, Lincoln, NE 68509-4604.

The only measure the Legislature is required to deal with is the budget. The state is in the first year of the present two year budget cycle. While the fiscal office projects a $34 million surplus at the end of the second year, they also estimate a $430 million shortfall three years out. Three budget bills were advanced to the entire legislature yesterday. The Governor’s proposal to eliminate the county inheritance tax has lost favor during the session due to constituent response.

LB 239, Senator Janssen’s voter ID bill, is on the agenda for continued debate. I believe poll workers should verify that every person who shows up to vote is registered and is actually who they say they are. I don’t believe voter fraud is a problem in rural Nebraska. I believe change is unnecessary in our rural communities where the poll workers know almost all who come to a voting location.

If, however, the poll workers do not know the person wishing to vote, they should require acceptable identification. I am very interested in what you think on this issue of voter identification.

Committee hearings are over and all day debate is underway. My main issue this year, a resolution to extend term limits from two, four year terms to three, four year terms, was debated and advanced to the second round of debate with 30 positive votes. After two more rounds of debate and passage by the legislature, my hope is that LR358CA will appear on the November ballot for your consideration.

I am not against term limits. I support term limits. But I do believe it is in the best interest of all Nebraskans to allow our state lawmakers four more years to be able to deal with issues and make the best decisions on state policy.

Other important bills to be considered yet this session include child welfare, the 2012-13 budget, tax relief, voter ID’s, and school truancy. The oil pipeline, the county inheritance tax, and changes to the Foster Care Review Board are also on the agenda.

The Ag Committee advanced three bills to the floor for debate. LB 1057, which I introduced, would increase the promotional corn check off from the current 1/4 cent per bushel to 1/2 cent per bushel, beginning in October, 2012. Even with this change, the corn check off would fall to less than half of its current level due to the ending of the ethanol assessment. Nebraska would be tied for the lowest promotional assessment rate among major corn producing states if we adopt the 1/2 cent per bushel amount.

The committee also advanced LB 905, which would change the wheat assessment to a percentage of value. Wheat is presently assessed at a fixed rate per bushel. Both the corn and wheat check offs have remained the same for more than 20 years while the purchasing power of the check offs has eroded. The two bills are designated as Committee Priorities. The corn and wheat check offs are used by the producers for promotion of their product, education on the value of their product, and research to improve their crops.

LB 927, introduced by Senator Louden, would provide that livestock bearing a registered brand and entering Nebraska directly from a mandatory brand inspection area of another state need not be individually identified by another method. The bill was amended by the committee to allow the Department of Agriculture to require individual ID in certain circumstances.

A bill that is taking some time is LB 239, by Senator Janssen. The bill would require a government issued photo ID in order to vote. There has been some confusion as to my stand on this bill due to statements made by me during debate and reported on regional news outlets.

I believe purity in the voting process is very important. There must be a way for poll workers in an election to properly and clearly identify that the voter is actually who they claim to be. I don’t know if this is a problem in Nebraska, but I see nothing unreasonable for a poll worker to request proper identification from someone they don’t know.

Those the poll worker know should not be required to further identify themselves. I believe there should be a place for common sense in our voting process.

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.

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.

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.

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.

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.