April 23, 2012 Legislative Update

April 23rd, 2012

The Legislature has adjourned for the session after meeting last week to address four bills, which were vetoed by Governor Heineman. LB1020, which would create a grant program for school health centers, did not garner enough votes to override the veto. Unfortunately, such was also the case for LB806, my priority bill which would have allowed wagering on historic horseraces. I am disappointed that LB806 was one vote short of becoming law over the Governor’s objections, and I will continue to work to save the horseracing industry in Nebraska.

Two major bills, LB357 and LB599, both received enough votes to become law. LB599 provides prenatal care to expectant mothers who are not currently eligible for Medicaid, specifically women who do not have legal status in the United States and women who are confined in the state’s prison system. In considering how to vote on LB599, I viewed this as a pro-life issue versus an illegal immigration issue. My record on both of these issues has been well documented. The past two years on the Judiciary committee and on the floor of the Legislature, I have been one of the most pro-life members of the Legislature. I have also made it clear that Nebraska cannot become a sanctuary state for illegal immigrants. I heard from many constituents who regarded each of these issues as the more important issue in this legislation. This was a very difficult vote for me, and in the end, I decided to vote against overriding the Governor’s veto because I felt that the state simply should not be providing taxpayer funded benefits to persons who are not legally present in the United States. I understand the benefits of providing prenatal care, but felt that taxpayer dollars should not be used to do so in this instance. Nebraska cannot afford to become a sanctuary state, especially with our neighboring states deciding not to provide similar services.

LB357 allows an increase of 0.5% in the local option sales tax following a vote of the people, which means that the local sales tax could not exceed 2% in addition to the state sales tax. I voted for this legislation, both when originally passed by the Legislature, and also on the motion to override Governor Heineman’s veto. This bill will give cities and small towns more funding options, especially for larger projects, and yet, most importantly, reserves the decision on the increase to the people. The people of the municipality make the ultimate determination, and this allows for greater local control of funding mechanisms.

The Legislature accomplished many important goals this session, and I appreciate the opportunity to represent the residents of District 40 in Lincoln. I will be spending time during the interim working on legislation for next session. If you have any questions regarding legislation or any other issue, please contact my office at (402) 471-2801 or tlarson@leg.ne.gov.


Best Wishes,

Senator Tyson Larson

April 09, 2012 Legislative Update

April 8th, 2012

The Legislature spent considerable time on final reading and took votes on the passage of many bills that I support. The following bills all passed. LB670 bans the compounds used to make bath salts, which result in effects similar to methamphetamines, LSD, and PCP when taken. LB933 changes some provisions related to truancy in schools by allowing the school to evaluate whether further action is needed before a case of a student who misses more than 20 days of school is referred to the county attorney. LB845 strengthens the Oil Pipeline Reclamation Act by adding provisions relating to seeding and requiring the reclamation activities be completed within 30 days of backfill. LB209 allows for a delay and a repayment plan for local government entities for large tax credits to businesses authorized by state law. LB804 provides a justification for the use of force defense in certain civil actions for assault or wrongful death. LB970 reduces the tax burden for middle class voters. LB721, my bill changing the definition of police animal, and LB806, my priority bill allowing for historic horseracing through instant racing terminals, both passed as well.

Another significant bill that passed this week was LB825, which proposes changes to the ACCESS Nebraska system. The Legislature debated this bill significantly prior to its passage on Thursday, April 5. LB825 requires existing offices of the Department of Health and Human Services throughout the state to provide in person services to individuals receiving public benefits. LB825 also allows individual caseworkers to be assigned to certain cases and allows DHHS to contract with community based organizations with trained staff people to assist individuals with questions regarding public benefits. For quite some time now, I have had constituents regularly contacting my office to discuss frustrations with the ACCESS system and the lack of any personal service to address concerns or questions about filing or benefits. LB825 is a step towards improving the ACCESS system, which is much needed throughout the state.

LB996, which changes the rules relating to compulsory attendance for students under the age of 18, also passed. However, I voted against this bill because I felt the changes were unjustified and believe that the process for allowing a student to withdraw did not need to be more complicated.

The Legislature will soon adjourn for the session. At this point, there are only three days remaining, and those days will likely be occupied with final votes on a few remaining bills and addressing any potential vetoes by Governor Heineman.

If you have any questions regarding legislation or any other issue, please contact my office at (402) 471-2801 or tlarson@leg.ne.gov.

Best Wishes,

Senator Tyson Larson

April 02, 2012 Legislative Update

April 2nd, 2012

This week the Legislature spent long hours debating numerous important bills as this session nears its end. LB970, the tax cut bill, was again advanced and will now be placed on final reading for a determinative vote. I voted for advancement of this bill. The Legislature also passed the various budget bills and have sent them to Governor Heineman for approval. I voted against these bills because I feel it is important to be fiscally responsible regarding the tax cuts provided in LB970. As a supporter of the tax cut, I could not vote for the budget bills that called for increased spending by the state. Voting for spending increases this year only leads to more drastic cuts next year with LB970 in place.

Another bill regarding taxes, LB745, introduced by Senator Deb Fischer of Valentine, was also advanced after a compromise amendment was adopted. LB745, as amended, would limit a city’s ability to levy a new occupation tax on its residents without a vote of the people, if such tax revenue received under the tax would exceed certain amounts that vary depending upon the size of the municipality. A city may also modify the rate of an existing occupation tax relating to a specific project without a vote of the people. LB745 allows for more accountability of local officials when they implement occupation taxes and places some authority in the hands of the taxpayer when additional taxes are proposed.

LB806, allowing instant racing terminals for wagering on historic horseraces, was also advanced to final reading after extensive debate. An amendment to LB806 during this debate would allow the licenses issued for instant racing terminals to expire after four years unless the there is an increase in the number of days for live horseraces or an increase in the purse offered at the racetrack compared to 2011.

The Legislature also spent time considering LB239, introduced by Senator Charlie Janssen of Fremont. LB239 would require valid photo identification to be presented at which time an individual casts a ballot in an election in Nebraska. Persons who cannot display a photo id would be allowed to vote provisionally until such time as their identity and registration could be confirmed. The primary goal of this bill is to ensure voter identity and to prevent cases of voter fraud, which have become commonplace in other states. This bill has been debated extensively, but no vote has yet been taken. While I support this bill and planned to vote to advance it, there were not enough votes to stop a filibuster by those who opposed the legislation, and the bill has been taken off of the agenda at this time. With the end of session looming and other bills that need to be taken up, LB239 may not make it back on the agenda, and this issue will then need to be taken up again in the future.

LB1057, introduced by Senator Tom Carlson of Holdredge, was debated and advanced to final reading. LB1057 increases the corn checkoff from one quarter cent to one half cent. I introduced an amendment to include a refund option in LB1057, similarly to numerous large corn producing states and even a checkoff in Nebraska, the dry edible bean checkoff. This amendment would have allowed producers to have an opportunity to decide whether to participate in the increased checkoff. However, my colleagues did not adopt this amendment. I will continue to work to allow producers to have more control over their checkoff funds and their investment in the Nebraska Corn Board.

I would also like to bring a great program to the attention of high school students in District 40. Nebraska 4-H & University of Nebraska Extension will be hosting the Unicameral Youth Legislature June 10-13, 2012. If you have an interest in government, politics, leadership, or public speaking, I would strongly urge you to apply for this program. The application deadline is May 15, 2012. Please visit http://www.nebraskalegislature.gov/education/unicamyouth.php for more information.

If you have any questions regarding legislation or any other issue, please contact my office at (402) 471-2801 or tlarson@leg.ne.gov.

Best Wishes,

Senator Tyson Larson