NEBRASKA LEGISLATURE

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Sen. Tim Gragert

Sen. Tim Gragert

District 40

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LB 243, the bill I introduced to create the Healthy Soils Task Force, was advanced from the Agriculture Committee on a 7-0 vote. No one testified against it at the public hearing earlier this session. I have designated it as my priority bill, assuring that it will be discussed by the full Legislature.

The purpose of LB 243 is to promote a more widespread use of healthy soil practices among farm and ranch landowners and operators in Nebraska in order to improve the health, yield and profitability of the soil, increase its carbon sequestration capacity, and improve water quality. The Director of the Department of Agriculture, as well as the chairs of the Agriculture and the Natural Resources Committees, would be members of the task force. The Governor would appoint the additional fourteen members, who are to have expertise in methods used for incorporating healthy soil stewardship practices into working agricultural operations and for optimizing environmental services provided through such practices.

The Healthy Soils Task Force is to develop a comprehensive healthy soils initiative, as well as develop an action plan to carry out the initiative. The task force shall 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. Furthermore, the task force is to identify goals and timelines for improvement of soil health through voluntary partnerships among agricultural producers and other entities. Finally, the task force is to review the new farm bill and identify opportunities to leverage funding under the Regional Conservation Partnership Program of the USDA and other conservation programs. The action plan is to be completed by January 1, 2021, at which time the task force will terminate.

Water quality and how it relates to soil health are very important to me and many Nebraskans. Healthy soils will increase crop resilience to drought, reduce soil erosion, result in higher per-acre crop yields, increase water retention, enhance water quality, and increase carbon sequestration in the soils. Many healthy soil practices are widely known, such as deep soil testing, nutrient management, cover crops, no till and irrigation water management. The task force will study why there isn’t more widespread usage of such practices and develop methods aimed at increasing their use. The most recent Ag Census showed that approximately 2% of Nebraska cropland was growing a cover crop. No till was being used on about 50% of cropland acres.

I have made it abundantly clear that I am not interested in creating new mandates for the agricultural sector. My vision is to make more information available and accessible on the advantages of improved soil health by demonstrating the economic and environmental benefits of healthy soil management practices. I believe that LB 243 will result in a win for the producer, a win for the consumer, and a win for the environment.

The Legislature passed LB 284 this past week, a bill introduced by Senator John McCollister of Omaha. This bill requires remote sellers, those without a physical presence in the state, to collect and remit sales tax on sales into the state. Although this tax has always been owed by the purchaser, if not collected by the seller, few persons actually paid it. Due to an outdated Supreme Court ruling, states could not require remote sellers to collect the sales tax, placing an unfair burden on local stores, selling similar products. South Dakota passed a law requiring remote sellers to collect sales tax, with the intention of taking it to the Supreme Court, in an effort to overturn the previous ruling, which occurred last summer. In order to not place a hardship on small business, the collection duty is limited to those making sales of more than $100,000 or 200 individual transactions in a calendar year into our state. These are the same thresholds used in the South Dakota law. The legislation also requires the marketplace (i.e. Amazon, Ebay) to collect and remit for third party sellers. With voluntary compliance and the passage of LB 284, state revenue is increased annually by approximately $40-$50 million.

The recent flooding has created devastation throughout our legislative district. Cities and counties are experiencing tremendous hardship. I sympathize with those who are dealing with destruction of personal and public property. Senators were briefed by the Nebraska National Guard Adjutant General, Daryl Bohac, who serves as the director of the Nebraska Emergency Management Agency, and by the assistant director, Bryan Tuma. NEMA is ready to assist. They ask that requests come through the county emergency managers. I have contacted the emergency managers from the counties in our legislative district and have tried to touch base with many county sheriffs and city administrators, offering my assistance. Another means of assistance is 2-1-1, which can help connect callers with needed health and human services. With the widespread damage, restoration will be a lengthy process.

As senators finish up the committee hearing process and continue to select bills for prioritization, I encourage you to contact me with your thoughts and opinions. I can be reached at tgragert@leg.ne.gov or (402) 471-2801. My mailing address is District #40, P.O. Box 94604, State Capitol, Lincoln, NE  68509.

This past week, public hearings were held on both of the bills that I introduced: LB 243 and LB 406. LB 243, which proposes to create the Healthy Soils Task Force, was heard before the Agriculture Committee. Nineteen people testified in support of my bill, no one opposed it, and representatives from the Nebraska Corn Growers Association and the Natural Resources Conservation Service spoke in a neutral capacity. Supporters included representatives from Natural Resources Districts and the Nebraska Pork Producers, the former assistant Vice Chancellor of the Institute of Agriculture & Natural Resources (IANR) at the University of Nebraska, and Jeffrey Steffen from Crofton.  

The public hearing for LB 406, which I introduced at the request of the Unclaimed Property division within the State Treasurer’s office, was heard before the Government, Military and Veterans Affairs Committee. A representative of several insurance companies and a utility company expressed concern with one provision of the bill, which proposed to remove the ability to report properties in the aggregate for items less than $25, thereby requiring the owner’s name and address on all items reported. This portion was meant to ensure that property owners are getting all the money due to them when they file a claim. However, testifiers were concerned that it would increase their client’s workload and costs. Consequently, this portion of the bill will be removed and the issue studied over the interim.

The Revenue Committee heard testimony on three bills (LB 18, LB 284, and LB 291) this past week that were introduced as a result of the South Dakota v. Wayfair case. The U.S. Supreme Court ruled last summer that states could require remote sellers (those without a physical presence in the state) to collect sales tax. Current Nebraska statutes don’t explicitly mandate collection. The three proposals followed the South Dakota law which required collection if the online retailers had $100,000 worth of sales or at least 200 transactions. Furthermore, LB 284 and LB 291 both require online marketplaces (such as etsy & eBay) to collect and remit for smaller vendors for whom they facilitate sales. Twelve states have passed similar marketplace facilitator provisions, although the issue was not part of the Supreme Court’s decision. LB 18 proposes that revenue from internet sales is used for property tax relief, a concept the governor supports. However, the State Tax Commissioner indicated there is not a clear way to identify which tax revenue is attributable to remote sellers. The Tax Commissioner emphasized that the committee can count on no new revenue from these proposals, but the fiscal office disagreed, projecting approximately $18 million in added tax revenue over the biennium due to the mandate on marketplace platforms.

LB 373, proposed by Senator Tom Brewer of Gordon, would require counties that allow the construction of new wind turbines to have zoning regulations, which address set-backs, noise, and decommissioning. For two years, while developing the guidelines, wind turbines would need to be at least 3 miles from a residence. The bill also establishes a civil cause of action for citizens who feel a wind energy facility has diminished their property value. Proponents of the legislation, primarily landowners that live nearby to wind turbines, testified that they don’t have a voice in the process. They mentioned concern with noise and shadows created by the turbines. Opponents, who were many, warned that the legislation would stifle rural economic development and interfere with local control. They cited the increased jobs the projects bring to an area, the increased tax revenue, and the added income for landowners.

Every morning when the Legislature convenes in session, the day begins with a prayer. Chaplains from across the state are given the opportunity to deliver the prayer to state senators on the floor of the Norris Legislative Chamber in the State Capitol. Since I am new to the office this year, I was not able to get letters out before the legislative session began, but will be sending them in the near future to those whose information is available. In the meantime, if any members of the clergy are interested in this, please contact Alex in my office at (402) 471-2801, and he will work with the Clerk of the Legislature’s staff to schedule a day for you to visit the Capitol and deliver the morning prayer. My address is P.O. Box 94604, State Capitol, Lincoln, NE  68509 and my email address is tgragert@leg.ne.gov.

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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