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.

Legislative Newsletter
Senator Tom Carlson-District 38
April 1, 2011

Debate and meetings concerning high profile legislation I am involved with, due to my committee assignments, has made this a very intense legislative week.

LB 305, a bill that would initiate a process for implementing a cooperative state meat inspection program, was debated this morning and advanced to select file. The bill, as amended, would direct the State Department of Agriculture to report to the legislature what laws and resources would be necessary for the state to enact legislation next session.

Twenty nine states currently offer meat inspection services that are viewed as an economic development tool to assist smaller and often local meat producers in offering products. LB 305 is also related to efforts to reinstate a processing option to deal with unwanted horses in the state.

The bill gave me opportunity to inform the legislature that the influence of the Humane Society of the United States on the federal government to cease funding of the inspection of horse processing facilities has made LB 305 necessary. The debate allowed me to inform those listening and watching of the threat of the Humane Society of the United States to our way of life in Nebraska.

LB 229, introduced by Senator Fischer, and advanced by the Natural Resources Committee, was also debated last week. As amended, this bill would request the Nebraska Environmental Trust to transfer $3.3 million each year for three years to the Water Resources Cash Fund. The money must be matched by the state general fund. After three years and evaluation of projects completed, the Department of Natural Resources could apply for the same dollars for another three years. The bill moved to select file on a vote of 41-3.

A bill to bring meaningful reform to the work of the CIR (Court of Industrial Relations) in its dealing with collective bargaining for public workers was moved to the floor. Nebraska law prevents public employees, including teachers, from striking. In exchange, those workers are entitled to bargain for their wages and benefits. When the parties can not agree, the Commission on Industrial Relations steps in to resolve the dispute. The Business and Labor Committee brought forward LB 397 in an effort to come up with significant change to the process.

LB 698, the bill that would eliminate state law requiring dispensers of alcohol-blended fuel to affix labels to gas pumps containing ethanol or methanol equaling or exceeding one percent of the fuel’s volume, advanced to the second round of debate. I have prioritized this bill, introduced by Senator Christensen.

Another bill causing many calls and emails to my office is LB 84, also introduced by Senator Fischer. This legislation would take 9% of revenue generated by the state sales tax to fund road projects from FY 2013-14 through FY 2032-33. Opponents don’t like the bill and call for another source to fund roads. We will try to further address this in the next two years.

Legislative Newsletter
Senator Tom Carlson-District 38
March 25, 2011

The legislature began all day debate March 25th. My priority bill, LB 698, was first on the agenda. The discussion lasted all morning and into the afternoon until it advanced to second round debate on a vote of 25-12.

The bill, introduced by Senator Christensen, would repeal the requirement for fuel retailers to label ethanol-blended fuels at the pump, unless they are more than a 10% blend. Removing the labels, according to the ethanol industry, could lead to higher ethanol sales, and therefore, more income for agriculture.

The State Energy Office reports that as of last December, 85.6% of fuel sold in Nebraska was ethanol blends, compared to 68% in 2009. Ethanol blends are less expensive at many stations. Kansas, Missouri, and Minnesota are among 15 states that do not require labeling of ethanol at the pump. The bill would not prohibit retailers from continuing to label ethanol blended fuels.

A Select File amendment to LB 698 would require retailers to label at least one dispenser, or pump, if they provide one that is alcohol free. This addresses concerns of some who wish to know what fuel is alcohol free.

Nebraska has the capacity to produce 1.8 billion gallons of ethanol, which is 13% of the nation’s production of 14.1 billion gallons per year. We rank just behind Iowa in ethanol production, so it is an important part of our agricultural income.

As you can imagine, much information comes to my office each day in the form of mail, e-mail, and phone calls. An interesting brochure about Big Red Academic Camps caught my attention. Sponsored by the University of Nebraska-Lincoln and Extension 4-H Development, one camp is the Unicameral Youth Legislature.

This camp is a four day legislative simulation for students in grades 9-12, held June 12-15th, in which students take on the role of lawmaker. Student senators sponsor bills, hold committee hearings, debate mock bills, and experience the unique process of the nation’s only one house legislature.

There is a cost for these camps, but scholarships are available. Early bird rates expire April 1 and the deadline for registration is May 15th. More information can be found at bigredcamps.unl.edu or from your local UNL Extension office.

By next week’s report, we will probably have debated LB 305, the meat inspection bill, and CA40, the constitutional amendment to guarantee fishing, hunting, and trapping privileges for Nebraska citizens forever. I will further discuss those bills next week.

Legislative Newsletter
Senator Tom Carlson-District 38
March 18, 2011

Priority legislation is now highlighting the daily agenda as we start full day debate. Each senator can designate one bill as his or her priority. It does not have to be a bill introduced by the senator. Each committee selects two bills. In addition, the speaker chooses 25 bills as his priority. It is uncommon for a bill that is not prioritized to be discussed on the floor, especially during the second half of a long session when the budget will become the focus.

My priority bill for this session is LB 698, introduced by Senator Christensen, of Imperial. The bill amends the laws regarding labeling of fuel dispensers when ethanol is a component of the fuel. The present law requires a fuel pump to be labeled when ethanol is 1% or more of the fuel mix.

The bill was advanced to the legislature with an amendment requiring pumps to be labeled when the ethanol blend is 11% or more. Individual companies can continue to label ethanol blends below 11% if they choose to do so.

The Ag Committee prioritized LBs 200 and 305. LB 200, introduced by Senator Council of Omaha, would create and name the Nebraska Healthy Food Financing Initiative Act. The act will promote and expand access to nutritious foods in economically distressed rural and urban areas. These areas are typically served by fast food restaurants and convenience stores that offer little or no fresh produce.

Lack of healthy, affordable food options can lead to higher level of obesity and other diet related diseases, such as diabetes, heart disease, and cancer. Passage of LB 200 will improve food options, but should also create jobs, help revitalize distressed communities, open up new markets for Nebraska farmers to sell their products, and it could reduce health care costs.

The second bill prioritized by the Ag Committee is LB 305, introduced by freshman senator Tyson Larson. LB 305 would direct the Nebraska Department of Agriculture to institute an inspection program of businesses that process meat and poultry for human consumption. This program would be in place by January, 2013. The inspections, at a minimum, would have to equal those of federal inspection programs.

Health care bills have been the focus of debate this week. The budget constraints hit this agency hard as our immigrant, aging, and disabled populations continue to grow and are least able to lobby on their own behalf.

Friday, March 18th, I accompanied Governor Heineman, Greg Ibach, the State Director of Agriculture, and Keith Olson, President of the Nebraska Farm Bureau, on a three stop flight across Nebraska to commemorate Agriculture Week.

We stopped at Scottsbluff, Ogallala, and Hastings. It was good to meet people from these communities and express our appreciation for agriculture, our number one industry.