NEBRASKA LEGISLATURE
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Sen. Tim Gragert

Sen. Tim Gragert

District 40

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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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