The legislative session is almost at the half way point. Senators have chosen their priority bills and all day debate will soon begin.

Each senator is allowed to choose one bill as their priority to be debated by the full legislature. In 2009, I choose LB 675, a bill that ensures anyone seeking an abortion be provided with necessary information regarding certain additional medical procedures; particularly the availability of a free ultrasound and the ability to view the ultrasound image.

In 2010, my priority bill was LB 742, requiring local government to open up the settlement process. I believe Nebraskans deserve to know how government spends their hard-earned tax dollars, and a closed settlement process when tax dollars are involved made no sense to me. With LB 742 now law in Nebraska, we have taken a large step towards a more accountable government.

Last year I prioritized my bill, LB 22, the“Mandate Opt Out and Insurance Coverage Clarification Act.” LB22 accomplishes two things. First, it affirmatively opts out Nebraska from allowing health insurance plans that cover abortions from participating in our potential health insurance exchanges.

Second, LB22 prohibits private health insurance sold in Nebraska from providing elective abortion coverage, except through an optional rider where the premium is paid solely by the insured. The only exceptions allowed in LB22 are to prevent the death of the mother or treat medical complications arising from an abortion.

This year I have chosen LB 970, introduced by Senator Abbie Cornett from Bellevue, at the request of the Governor. LB 970 lowers the individual state income tax, the corporate income tax and the inheritance tax.

The last few years have been financially challenging for the state and for Nebraskans. I am proud that the legislature chose to respond by cutting spending instead of increasing the tax burden on our citizens.

As Nebraskans, we responded to the economic downturn just as we have in the past. We worked together, lived within our means, and cared for our neighbors.

Now that revenue has stabilized, we need to lower the tax burden instead of increasing government spending. Nebraska is one of only eight states that has the inheritance tax and Forbes recently named Nebraska as a state “Where Not to Die in 2012.”

People joke that Nebraska is the “tax me” state. I want to change that perception.

We need to change the way we think in government. Instead of assuming that adding more money to an agency or program will produce improvements, we must be innovative and results oriented. Instead of the status quo, we must focus on outcomes and never forget that it is the tax-payers money.

Permanent tax relief was a strong component of my campaign to represent District 39 in the Legislature and I remain committed to this goal. I have and will continue to support legislation that brings tax relief to the citizens of Nebraska.

I encourage you to be an active participant as Nebraska’s “second house.” You can watch proceedings in person from the balcony in the chamber, or watch live video streaming at www.nebraskalegislature.com.

If you have any questions or I can be of assistance, you can email me personally at bmccoy@leg.ne.gov or call my office at the State Capitol at 402-471-2885.

“The Salvation of the State is Watchfulness in the Citizen”.

Dear Neighbors,

The last couple of months have been very busy at our State Capitol. I received phone calls and emails from many of you regarding the special session and TransCanada’s Keystone XL pipeline. The original proposed route would have taken the pipeline through the Nebraska sandhills.

As the call went out for a special session to begin November 1st, the ability for the legislature to find a legal solution did not look promising.

Fellow senators introduced 6 bills, 4 which received public hearings in the Natural Resources Committee, on which I serve. Though the days were long and there were strong opinions on both sides, I am grateful I had the chance to hear first hand from fellow citizens and experts from Nebraska and across our nation.

Just as the full legislature began what looked like a long and divisive debate, TransCanada agreed to move the portion of the route that would have crossed the sandhills. This set the stage for the passage of two bills that were signed into law on November 22nd.

LB1 puts into place the Major Oil Pipeline Siting Act. Major oil pipelines will now be required to go through an application process that will be approved or denied by the Nebraska Public Service Commission.

LB4 authorizes the State of Nebraska to perform a Supplemental Environmental Impact Statement (SEIS) on the new route to be proposed by TransCanada for the Keystone XL. The SEIS will be paid for by the state, and therefore owned by the citizens of Nebraska. Recently, the Department of Environmental Quality announced it selected the Omaha engineering company HDR to assist with the SEIS.

With the end of the special session, senators and staff are back to preparing for the new session set to begin January 4th.

One of the bills I plan to introduce may only change a couple of lines in statute, but will affect everyone who lives in the 3-mile extra territorial zoning jurisdiction (ETJ) around Omaha. The bill clarifies the mayor of a metropolitan class city does not have the authority to enforce taxes outside the city limits, including the ETJ.

I strongly believe this is a matter of fairness. If a city has the authority to tax a person, that person should be able to enjoy all the rights and privileges of citizenship, including the right to vote in that city’s elections.

This bill, along with all the bills introduced in the legislature affect the daily lives of Nebraskans.

I encourage you to be an active participant as Nebraska’s “second house.” You can watch proceedings in person from the balcony in the chamber, take part in committee hearings, or watch live video streaming at www.nebraskalegislature.com.

If you have any questions or I can be of assistance, you can email me personally at bmccoy@leg.ne.gov or call my office at the State Capitol at 402-471-2885.

“The Salvation of the State is Watchfulness in the Citizen”.

Dear Neighbors,

Last week the Banking, Commerce and Insurance Committee received a briefing by the Nebraska Department of Insurance. The topic was the mandated health care exchanges created in the Federal Patient Protection and Affordable Care Act.

Although the federal health care act provides the basic framework for creating the exchanges, significant issues are being resolved through the U.S. Department of Health and Human Services, who are still developing the rules and regulations.

At a minimum, each exchange must implement procedures to certify health plans, assign a rating to each plan and standardize the format for presenting options, inform individuals of eligibility for Medicaid and determine eligibility for federal insurance premium subsidy programs.

They must be deemed a “Qualified Health Plan” and provide “minimum essential benefits.” Unfortunately we have not yet learned what “minimum essential benefits” means.

With all this uncertainty, the deadlines have not changed. Each state’s health care exchange must be certified by the Secretary of the U.S. Health and Human Services by January 1, 2013, be operational by January 1, 2014 and self-sustaining by 2015.

This means any changes need to current Nebraska state statutes must happen this next session. Nebraska must build a plan without a foundation in place.

With each new briefing it becomes clearer just how much of a massive undertaking creating a health care exchange will be, not only for Nebraska, but all states.

I encourage you to learn more about the Federal Patient Protection and Affordable Care Act and tell us, who represent you, your questions and concerns. I know Congressman Lee Terry, Senator Ben Nelson and Senator Mike Johanns value your input, as I do.

Dear Neighbors,

One of the more common questions my staff and I receive is “Do you work when the legislature is not in session?” Yes, we do!

Interim, the time between legislative sessions, is filled with assisting constituents and researching issues facing our state to prepare for the next session.

One concern is the abuse of “bath salts.” Like K2, it is a designer drug sold at head shops, convenience stores and on the internet. It has many names, including Ivory Wave, Mr. Nice Guy and Mystic. The powder can be white to light brown in color and contains Methylenedioxypyrovalerone (MDPV.) To achieve a high, the powder is snorted, smoked or injected.

MDPV is a psychoactive drug, producing effects similar to cocaine and amphetamines. A few of the possible symptoms include rapid heart rate, high blood pressure, severe paranoia and extreme anxiety and agitation.

Senator Ken Schilz from Ogallala is currently working with the Attorney General’s office on legislation to ban “bath salts” in Nebraska.

As Vice-Chairperson of the Banking, Commerce and Insurance Committee, I, along with my fellow committee members, continue to learn what impact the Federal Patient Protection and Affordable Care Act (PPACA) will have on Nebraska.

One of the many uncertainties facing states involves the health care exchanges.

Each state’s health exchange plan must be certified by the Secretary of the U.S. Health and Human Services by January 1, 2013, be operational by January 1, 2014 and self-sustaining by 2015.

Nebraska has many questions surrounding the health exchanges that the U.S. Department of Health and Human Services has been able to answer. This means as a state, we must build a plan without a foundation.

We have a significant challenge before us, but I am committed to putting in the necessary time and effort to find the best policy options for our state and our citizens.

I have only mentioned two of the many issues facing our state and welcome your questions, concerns or suggestions. I want to hear from you, the constituents of Legislative District 39. Please do not hesitate to contact me at my office at the State Capitol. My office number is 402-471-2885 or you can email me personally at bmccoy@leg.ne.gov.

“The Salvation of the State is Watchfulness in the Citizen”.

Dear Neighbors,

Today Governor Heineman signed my priority bill into law. LB 22 is the “Mandate Opt Out and Insurance Coverage Clarification Act” and accomplishes two things.

First, LB22 affirmatively opts out Nebraska from allowing health insurance plans that cover abortions from participating in our potential health insurance exchanges. This opt-out is permitted under a compromise secured by Nebraska Senator Ben Nelson and is listed in section 1303 of the Federal Patient Protection and Affordable Care Act.

Seven states have passed similar “opt-out” laws; Arizona, Idaho, Louisiana, Mississippi, Missouri and Tennessee and Virginia. 19 states have introduced bill that are currently in the legislative process.

Second, LB22 prohibits private health insurance sold in Nebraska from providing elective abortion coverage, except through an optional rider where the premium is paid solely by the insured. The only exceptions allowed in LB22 are to prevent the death of the mother or treat medical complications arising from an abortion.

Currently Idaho, Kentucky (1984), Missouri (1983), North Dakota (1979), and Oklahoma (2007) have laws limiting private insurance coverage for elective abortions. All five states allow an optional rider, as proposed in LB22.

In the court case Coe v. Melahn, 1992 our 8th Circuit Court of Appeals upheld the Missouri law which is mirrored in LB22. The court ruled the law did not pose an undue burden and states are permitted to prohibit coverage of abortions in private health insurance.

This is not a new concept for Nebraska. In fact out law states it is “…the will of the people of the State of Nebraska and the members of the Legislature to provide protection for the life of the unborn child whenever possible.”

30 years ago the Nebraska Legislature passed LB125 which prohibits the use of public funds to pay for health insurance coverage for abortions. I believe LB22 continues what LB125 began; Nebraskans who morally object to abortion should not be forced to pay for an elective procedure that ends the life of an unborn child through their tax dollars or insurance premiums.

My hope is by the time you read this, LB22 will have been signed into law.

There are two other pro-life bills currently being debated by the Legislature. LB521 was introduced by Senator Tony Fulton of Lincoln and requires the physical presence of the physician who performs, induces or attempts abortion.

LB690, introduced by Senator Lydia Brasch of Bancroft, requires parental consent for a girl under the age to 18 before she is allowed to have an abortion. No matter your stance on the issue, we can all agree that a young girl should never be allowed to go through such a life altering experience alone.

LB690 contains provisions to protect the girl if she is being abused at home or is being coerced to have an abortion.

As a co-introducer of both bills, Senator Brasch and Senator Fulton have my full support.

I encourage you to follow the Unicameral as we progress through the 102nd Legislature. “The Salvation of the State is the Watchfulness of the Citizen”.
If I can be of assistance, do not hesitate to contact me at my office at the State Capitol. My office number is 402-471-2885 or you can email me personally at bmccoy@leg.ne.gov.

Dear Neighbors,

A year after the federal Patient, Protection and Affordable Care Act was signed into law; many questions remain for the states.

As the Vice Chairperson of the Banking, Commerce and Insurance Committee, I have had the opportunity to participate in briefings on the new federal health care law. Nebraska has many crucial decisions to make.

There are three main deadlines we must meet. Each state’s health exchange plan must be certified by the Secretary of the U.S. Health and Human Services by January 1, 2013. The exchange must be operational by January 1, 2014 and self-sustaining by 2015.

In order to change existing statute in time to meet these deadlines, Nebraska needs specific answers as soon as possible. Unfortunately, the most common response to our questions is “we don’t know,” as the U.S. Department of Health and Human Services has not set all the rules and regulations.

Once written, these rules and regulations will add to the bureaucratic mountain of information the states must wade through. A perfect example is section 3022 in the new law which establishes a shared savings program in Medicare.

In the Patient Protection and Affordable Care Act the section is 6 pages long. The U.S. Department of Health and Human Service’s rules and regulations is 429 pages.

Of course, this could all change with a ruling by the U.S. Supreme Court.

The Patient Protection and Affordable Care Act is currently facing several court challenges, with the constitutionality of the individual mandate at the center of most arguments.

Some believe the Commerce Clause found in the U.S. Constitution gives Congress the power to mandate every American must purchase a product; in this case, health insurance. Nebraska, along with 27 other states disagree.

On December 12, 2010 U.S. District Judge Henry E. Hudson ruled the health care law unconstitutional. “Every application of Commerce Clause power found to be constitutionally sound by the Supreme Court involved some form of action, transaction, or deed placed in motion by an individual or legal entity…”

In Florida v. United States Department of Health and Human Services, which Nebraska has joined, U.S. District Court Judge Roger Vinson’s opinion states “…Congress exceeded the bounds of its authority in passing the Act with the individual mandate.”

In my view, not buying health insurance is not an act of interstate commerce.

Judge Vinson also sited in his ruling that the individual mandate is not severable. This means if one portion of the Patient Protection and Affordable Care Act is ruled unconstitutional, the entire law is struck down.

In response to the federal health care law I introduced LB 219 to adopt the Health Care Freedom Act. LB 219 seeks to prevent a fine or penalty from being assessed on a person or employer for participating, or not participating in any particular health care plan and allow for direct payment for lawful medical services.

LB 219 received a public hearing on March 9, 2011 in the Health and Human Services Committee. This was the same day it was announced that Florida v. United States Department of Health and Human Services is being expedited.

In light that the court case may potentially reach the U.S. Supreme Court as early as the October 2011 term, I asked the committee to hold LB 219 until a decision is reached.

This does not mean I plan to sit on the sidelines. I am committed to taking an active role as Nebraska searches for the best policy options for our state and our citizens.

Senator Pahls, the Chairperson on the Banking, Commerce and Insurance Committee, introduced Legislative Resolution 85. LR 85 will create an interim study to determine how insurance laws should be amended by the Legislature to respond to the provisions of the federal Patient Protection and Affordable Care Act.

I am proud to be a co-introducer, along with every member of the committee and look forward to working towards health care solutions for our state.

I encourage you to follow along at www.nebraskalegislature.gov. “The Salvation of the State is the Watchfulness of the Citizen”.

If I can be of assistance, do not hesitate to contact me at my office at the State Capitol. My office number is 402-471-2885 or you can email me personally at bmccoy@leg.ne.gov.