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.

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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