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As the deadline passed this week for selecting priority bills, a different priority repeatedly resurfaced in the Legislature – the devastating flood affecting many Nebraskans and the urgent need to get relief to those in need. I visited the Lynch and Niobrara areas last weekend and am heartbroken by the destruction seen in our legislative district. After talking to many local people, I am continually impressed with the dedication, the willingness to help, and the perseverance of the county emergency managers, the first responders, city and county officials, the Department of Transportation workers, businesses, churches, and the constituents of the 40th district. We will get through this, but it’s going to be a long haul.
Seventy-nine of the ninety-three counties and numerous cities have submitted emergency declarations to the Nebraska Emergency Management Agency (NEMA). Governor Pete Ricketts has sent an expedited request to the federal government for a presidential disaster declaration. Vice President Mike Pence, who visited Nebraska this past week, said the Trump administration will expedite the declaration to assure that federal aid will soon be on the way. If we qualify for disaster assistance, which seems assured, it could include both public and individual assistance.
NEMA has compiled the damage impact assessments submitted by the counties. At this time, the estimated statewide impact totals $553 million for public infrastructure and $89 million for private property. These figures will be updated as local emergency management teams are able to assess the damage across their counties. The Nebraska Department of Agriculture estimates that the lost livestock and needed repairs will result in a $400 million loss. This doesn’t account for the losses due to delayed or cancelled spring planting. The Nebraska Department of Transportation projects a cost of more than $400 million to repair our state’s infrastructure, including at least 200 miles of paved roads on the state’s highway system that will require significant repair or reconstruction and fourteen bridges that need to be replaced and three others that need reconstruction.
I have information on my website regarding potential assistance from FEMA (Federal Emergency Management Agency) at http://news.legislature.ne.gov/dist40/. My website also has a list of resources to call if in need of assistance. Furthermore, NEMA has established a hotline for Nebraskans impacted by flooding. Impacted persons with questions should call (402) 817-1551. Additional resources can be found by visiting www.nema.nebraska.gov. Legal Aid of Nebraska’s Disaster Relief Project offers free legal assistance for low-income survivors of Nebraska’s floods, through both online resources and a network of trained volunteer lawyers across Nebraska. Low-income Nebraskans can apply for direct legal representation by applying online at disaster.legalaidofnebraska.org/apply or by calling the hotline at 1-844-268-5627. You can always call my office at (402) 471-2801 if you need assistance and I will try to direct you to the right resource.
Every senator is allowed to choose one bill as their personal priority bill, every committee can choose two bills and the speaker has the authority to select twenty-five bills as speaker priority bills. Priority status assures that the bill will be discussed by the full Legislature, if it has advanced from committee. Generally from this point on, only bills with priority status will be placed on the agenda. The speaker may also have a consent calendar, which is reserved for non-controversial bills that don’t warrant a priority designation.
Some of the bills designated as priority bills include:
LB 110, prioritized by Senator Anna Wishart, proposes to adopt the Medical Cannabis Act.
LB 147, chosen by the Education Committee, would allow teachers and administrators to maintain order in the classroom by allowing them to use necessary contact or physical restraint to subdue a student until they no longer present a danger.
LB 227, designated by the Agriculture Committee, is designed to protect farm operations and public grain warehouses from nuisance laws.
LB 289, prioritized by the Revenue Committee, is a placeholder bill. It will be used as the vehicle for property tax relief, once the committee develops their plan.
LB 483, selected by Senator Steve Erdman, proposes to change the way agricultural land is valued for property tax purposes from the current market based system to a productivity based system.
LB 657, introduced by Senator Justin Wayne and prioritized by Senator Tom Brandt, would permit the growth and cultivation of industrial hemp in Nebraska.
LB 686, selected by the Judiciary Committee, encourages continued efforts to reduce overcrowding in Nebraska’s correctional system.
LB 720, prioritized by Senator Mark Kolterman, would adopt the ImagiNE Nebraska Act, changing our current business tax incentive program.
Again, if I can be of assistance during the period of recovery from the flooding, please contact my office at (402) 471-2801. My email address is firstname.lastname@example.org and my mailing address is District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.
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 email@example.com or (402) 471-2801. My mailing address is District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.