NEBRASKA LEGISLATURE

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Sen. Tim Gragert

Sen. Tim Gragert

District 40

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Public hearings are in full swing. The Judiciary Committee went until after 9 p.m. one night this past week hearing bills regarding issues related to conversion therapy and discrimination based upon sexual orientation. One afternoon, the Transportation and Telecommunications Committee heard testimony on ten bills related to license plates, of which six would add new options for specialty plates. The executive board met over the lunch hour to hear testimony on proposed constitutional amendments to increase legislators’ salaries and to lower the age requirement for persons running for the Legislature. The Governor testified before the Revenue Committee in support of his proposal to exempt 50% of military retirement benefits from the state income tax.

The Natural Resources Committee, on which I serve, heard testimony for more than three hours on one bill dealing with eminent domain. Senator Tom Brewer of Gordon introduced LB 155 to remove the statute stating that public power building transmission to a renewable energy project is a public use. In effect, this would remove the ability of public power to use eminent domain to provide transmission lines and related facilities for a privately developed renewable energy generation facility.  The legislation amends a law passed in 2010 that first opened the state to privately developed renewable energy projects.

Since Nebraska is a public power state and thus could not take advantage of the federal production tax credits that subsidize wind energy projects, the Legislature authorized private companies to build wind energy facilities. Private companies could utilize the federal tax credits, thereby making the project more financially feasible. As the cost of wind development projects have decreased, the federal production tax credits are set to be phased out entirely by 2024.

Senator Brewer has been fighting wind and transmission projects because he represents the Sandhills region. He is concerned with the route of the R-Project, a transmission line from NPPD’s Gerald Gentlemen Station near Sutherland to an existing substation east of Thedford. From there the transmission line would proceed east and connect to a second substation in Holt County. I believe the transmission line is necessary to enhance reliability and relieve congestion. Senator Brewer is concerned that private developers will use this line for wind energy facilities. I agree that eminent domain shouldn’t be used to benefit private companies. It should only be used by our public utilities on projects that are for the public good.

LB 66 was discussed on the floor of the Legislature but failed to receive first-round approval with a vote of 19-23. Twenty-five votes are necessary for advancement. LB 66 would have required cities to incorporate early childhood development in their comprehensive development plans. Discussion focused on where the daycare facilities are located within the city, whether bus lines go near them, etc. These issues may pertain to larger cities, but are not applicable to smaller towns. Although I realize the importance of addressing early childhood education in our communities, I believe that this discussion is better suited for local school boards than city government.

LB 306, introduced by Bellevue Senator Sue Crawford, would create a new category of good cause for voluntarily leaving employment for purposes of unemployment benefits. The new category would be to care for a family member with a serious health condition. The benefits would not be charged against a specific employer’s account. Committee amendments clarify that such individual must make all reasonable efforts to preserve employment before voluntarily leaving their job. LB 306 received first-round approval on a vote of 29-11.

In addition to debate by the full Legislature in the morning and committee hearings in the afternoon, I try to attend as many events as I can. I enjoy the opportunity to visit with constituents that attend these events. If you are ever at the State Capitol, make sure to contact me. I can be reached at tgragert@leg.ne.gov. My telephone number is (402) 471-2801 and my mailing address is District 40, P.O. Box 94604, State Capitol, Lincoln, Nebraska 68509.

During the 10-day period allowed for bill introduction, senators introduced 739 bills, as well as 7 constitutional amendments. Two years ago, during the last 90-day legislative session, 667 bills were introduced. In both 2013 and 2015, 655 bills were introduced during the first 10 days. The Judiciary Committee typically has the heaviest workload and with the increased number of bills introduced this year, the committee will have difficulty scheduling public hearings for more than 120 bills by the end of March. There has been some discussion of changing the Judiciary Committee from a 3-day committee to one that meets every day, as the Appropriations Committee does.

I introduced two bills. My primary goal this year is to listen and learn. I did sign on as a co-sponsor to a number of bills.

The first bill I introduced is LB 243. It proposes to create the Healthy Soils Task Force. The Task Force would consist of the Director of the Nebraska Department of Agriculture, two representatives from Natural Resources Districts, two academic experts, five representatives from production agriculture, two from agribusiness and one from an environmental organization. The chairs of the Legislature’s Agriculture and Natural Resources Committees would also serve on the task force.

Under LB 243, the task force would develop a comprehensive healthy soils initiative. They are to develop a comprehensive action plan using specified standards as measures to assess improved soil health. With the assistance from outside resources, the task force would examine how to provide farmers with research, education, technical assistance, and demonstration projects; examine options for financial incentives to improve soil health; and examine the contribution of livestock to soil health.

I worked with several scholars with experience in agriculture and natural resources on this legislation. I decided to introduce it because soil health and water quality are important to me, having worked for the Natural Resources Conservation Service for more than 30 years, and to all Nebraskans, as improving the health of Nebraska’s soil is the most effective way for agricultural producers to increase crop and forage productivity and profitability while also protecting the environment.  

The other bill that I introduced was on behalf of the Unclaimed Property division of the Nebraska State Treasurer’s office. LB 406 updates and modernizes current statute, making the process more efficient.

The State Treasurer’s office publishes an annual unclaimed property report in Nebraska newspapers annually. Last year, the report included almost 31,000 names from properties received in 2017. However, since this is published only once a year, property owners need to be aware that they can check online at any time for unclaimed property at treasurer.nebraska.gov. Currently, there is $170 million in Nebraska unclaimed property and 350,000 names of people, businesses and organizations in the treasurer’s database. More than $14 million was paid out in 2018.

Some of the bills that I co-sponsored include:

  • LB 209 requires that a physician, 24 hours prior to preforming an abortion, must tell the woman that it may be possible to reverse the effects of a medication abortion if she changes her mind.
  • LB 263 fixes a glitch relating to the taxation of military retirement benefits, allowing National Guard and reserve members to utilize the 40% income tax exclusion for 7 years option.
  • LB 153 would replace the current income tax exemption for military retirees with one that excludes 50% of military retirement benefits from the state income tax.  
  • LB 291 requires remote sellers to collect sales tax. It would establish a threshold for economic nexus of $100,000 in sales or 200 sales transactions, which is the same threshold used in the South Dakota law, upheld by the Supreme Court. It would also require an online marketplace (i.e. Amazon, eBay) to collect and remit the sales tax for third party sellers.
  • LB 696 expands the military honor license plates, allowing for specific Army National Guard and Air National Guard plates.

This past week, I had the pleasure of visiting my hometown school. I presented a legislative resolution to the Creighton football team, recognizing the Bulldogs for an impressive season that concluded with the Class D1 championship.

Again I urge you to contact me with your thoughts and opinions on issues before the Legislature. I can be reached at District #40, P.O. Box 94604, State Capitol, Lincoln, NE  68509. My email address is tgragert@leg.ne.gov and my telephone number is (402) 471-2801.

Sen. Tim Gragert

District 40
Room #11th Floor
P.O. Box 94604
Lincoln, NE 68509
Phone: (402) 471-2801
Email: tgragert@leg.ne.gov
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