NEBRASKA LEGISLATURE

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Sen. Tim Gragert

Sen. Tim Gragert

District 40

The content of these pages is developed and maintained by, and is the sole responsibility of, the individual senator's office and may not reflect the views of the Nebraska Legislature. Questions and comments about the content should be directed to the senator's office at tgragert@leg.ne.gov

This past week started out being very productive. The Legislature passed the budget bills on Final Reading and sent them to the Governor. He has five days to decide whether to sign them or to line-item veto specific items. The budget bills are the only bills that must pass this year, as the Nebraska Constitution states that each Legislature shall make appropriations for the expenses of the Government.

The Legislature also voted to pull LB 147 from the Education Committee and place it on General File. LB 147 was stuck in committee with a 4-4 vote. The motion to pull the bill was made by the chair of the Education Committee, Senator Mike Groene. It received 25 votes, the minimum required. LB 147 proposes to amend the Student Discipline Act. It would allow an administrator, teacher, or other school personnel to use reasonable physical contact to protect a student, staff, or other person from physical injury. If physical contact is used, school personnel must notify the parents of the student and inform them of the incident. The bill would also require an administrator to remove a student from a class upon request by a teacher or other school personnel if the student’s behavior is so disruptive that it seriously interferes with the learning environment. The goal is to return the student to class as soon as possible after appropriate interventions or supports have been implemented. The teachers’ union is supportive of LB 147, recognizing the need for such legislation. However, administrators have concerns and feel the bill may create more problems than it resolves. I thought it was a good idea to bring the bill to the floor of the Legislature in an effort to encourage the administrators and teachers to work together on a compromise over the interim.

The Revenue Committee worked for months on a proposal contained in LB 289. It provided significant property tax relief by establishing a foundation aid factor in the school state aid formula, guaranteeing that every school district receive at least one-third of its formula needs from state aid. To ensure that the increased state aid resulted in property tax relief, school spending would be limited to the CPI inflation rate plus growth. To provide revenue for the proposal, the state sales tax rate would be increased, a couple of sales tax exemptions eliminated and the sales tax imposed on a limited number of services. During a seven hour public hearing on the proposal, only four people testified in support and more than fifty testified in opposition. The committee worked on revisions prior to advancing LB 289, lowering the proposed increase in the sales tax rate and increasing the number of services taxed, but the larger school districts remained opposed to the proposal. After three hours of debate, the sponsor of LB 289 could not come up with the necessary 33 votes to place the bill on the agenda again, as required by the policy of the Speaker of the Legislature.

After it appeared that LB 289 would not be discussed again this session, Albion Senator Tom Briese offered an amendment to LB 183, a bill already advanced to the second stage of debate. The amendment proposed to place an additional $100 million in the Property Tax Credit fund, bringing the total to approximately $375 million in property tax relief, reflected on a taxpayer’s property tax statement. This amount would be appropriated to the Property Tax Credit fund annually until the school state aid formula is reworked and state aid is increased by at least 20%, thereby incentivizing the Legislature to work on reforming the formula, which is currently too dependent on property tax revenue. To fund the property tax relief, the proposal would have eliminated a number of sales tax exemptions and the personal property tax exemption, while increasing the Earned Income Tax Credit to assist the lower income with the broadened sales tax. After three hours of debate, Senator Briese offered a motion to invoke cloture, allowing for a vote to be taken on the advancement of the bill. However, the cloture motion fell ten votes short and LB 183 was removed from the agenda.

I supported LB 289 and LB 183. Even though I didn’t agree with everything in these bills (I would have preferred further broadening the sales tax base rather than an increase in the sales tax rate), they did present an opportunity to offer property tax relief to Nebraskans. I also supported the passage of the budget bills which contained an additional $51 million in annual funding for the Property Tax Credit fund. Although this past week was disappointing, I will continue to work to bring property tax relief to taxpayers.

I was happy to see that the Nebraska Department of Transportation has awarded the contract to Hawkins Construction of Omaha, allowing them to begin immediate work on the Highway 281 Bridge over the Niobrara River, south of Spencer. A temporary single lane shoofly is anticipated to be in service by August 1, with work scheduled to start on May 28.

As we enter the final week of this legislative session, I encourage you to contact me with your thoughts. 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.

This past week, the Revenue Committee advanced LB 289, giving the full Legislature the opportunity to discuss property tax relief this session. The Appropriations Committee presented their recommendations for the next two-year budget to the Legislature as well. These two issues will be our primary focus during the remaining twenty days of this legislative session.

As amended, LB 289 contains an additional $500 million for state aid to schools. The amendment contains caps on spending, in an effort to assure that the increased state aid results in significant property tax relief. Furthermore, the valuation of property would be reduced by 10% of its actual value. To fund the property tax relief measure, the sales tax rate would be increased by one-half percent to 6%, lower than a previous recommended increase to 6.25%. The cigarette tax would be increased by 36 cents a pack and sales tax exemptions would be removed on candy, pop, bottled water, and ice. In addition, a couple dozen services that weren’t previously taxed would now be subject to taxation under the proposed amendment. Some of the services that would be taxed but haven’t been mentioned before include hair, nail and skin care, tattoos, parking, motor vehicle repair, dry cleaning, lawn care, and taxi rides. Approximately half of the current $224 million appropriated to the Property Tax Credit program would be dedicated for the increased state aid. Two senators on the Revenue Committee abstained from voting on the advancement of the amended version of LB 289, signaling that it will be a controversial discussion on the floor.

Governor Ricketts issued his first veto of the year this past week. LB 472 was introduced by Senator Myron Dorn, who represents Gage County. LB 472 allows a county board to impose a one-half cent sales tax to pay a judgment rendered against a county by a federal court for violation of federal law. The increased sales tax authority is intended to help Gage County, who must pay more than $28 million in damages to six men and women wrongly convicted in a homicide of a woman in 1985. The Governor opposed the measure that would increase the local sales tax without a vote of the people. Currently the county is paying these costs through property taxes alone, which falls disproportionately on rural residents. This legislation would help even the burden to all taxpayers in the county. The governor’s veto was easily overridden on a 41-8 vote, eleven votes above the thirty votes required.

Legislation was introduced to increase the age for using vapor products or e-cigarettes to 21 years of age, in an effort to reduce the use of vaping among high school students. It also would require a license to sell these products, as is required for those selling cigarettes and other tobacco products. The General Affairs committee amendments reduced the age to 19, but included all tobacco products. Advocates for vaping promote it as a way to help cigarette smokers quit, but others are concerned that the fruity flavor options are being marketed to kids. LB 149 received first-round approval with a 40-0 vote.

There have been many rumors regarding the offer of a floating bridge from South Dakota to be used over the Mormon Canal. I have visited with the Governor’s office and top officials from the Nebraska Department of Transportation. They have seriously considered this option, but found that it is far more complicated than appears on the surface. They also fear that it could actually extend the timeframe of the permanent bridge. The department hopes to have the contractor working at the site by the first of June, if not before. I realize this is a severe hardship, but trying to stay as positive as possible will help everyone involved. Please feel free to contact me and I will assist you in any way I can. 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.

The public hearing on the amendment to LB 289 that contained the Revenue Committee’s proposal for property tax relief was held April 24th before the Revenue, Education, and Retirement Committees. The public hearing started at approximately 4:00 p.m., after the Legislature adjourned early, and finished at 11:00 p.m. More than sixty people spoke at the hearing, with only four testifying in support of the measure.

Senator Lou Ann Linehan, the chair of the Revenue Committee, explained the amendment, which was introduced in an effort to provide long-term property tax relief for all Nebraskans. Nebraska places well among states in per pupil K-12 school spending. However, in terms of state funding as a percentage of overall funding, we rank 46th. Unsurprisingly, Nebraska ranks 3rd from the highest for local funding of our schools. With the proposed amendment, Nebraska would increase from 46th to 20th, when comparing state support for K-12 schools with other states. The proposed amendment would establish a foundation aid factor, amounting to a per student state revenue contribution of $3,474 per student for the 2019/2020 school year. The proposal would also lower the local effort rate in the school state aid formula and reduce the valuation of property by ten percent. It guarantees that every school district will receive at least one-third of its formula needs from state aid. School spending would be limited to the CPI inflation rate.

Most of the testifiers commended the committee for their work on property tax relief, but proceeded to criticize the portion of the plan that affected them or the people that they represent. The largest school districts warned that it would reduce their funding, realtors fought the increase in the documentary stamp fee, veterinarians feared the imposition of sales tax on services for pets, farmers resisted the loss of the Property Tax Credit program, cities lamented the reduction of property tax revenue, grocery store owners rejected the collection of sales tax on candy, pop and bottled water, and convenience store owners opposed the increase in the cigarette tax.

From studies I’ve seen, Nebraska ranks high in property tax burden among the states, about average in income tax burden, and somewhat low in sales tax burden. The proposed amendment to LB 289 seeks to increase the state’s sales tax rate from 5.5% to 6.25%, eliminate a couple of sales tax exemptions, and tax a limited number of services, in order to fund the property tax relief measure. I would rather see further broadening of the sales tax base than an increase in the sales tax rate.

In light of the opposing testimony, the Revenue Committee is meeting in executive session in an attempt to alter the funding sources for the property tax relief plan. Discussions have included retaining the current Property Tax Credit program (that gives $224 million worth of relief to taxpayers and is reflected on their property tax statements), eliminating more sales tax exemptions, and lowering the proposed sales tax increase.

The Legislature debated Senator Ernie Chambers’ annual bill to repeal the death penalty this past week. After approximately three hours of debate, LB 44 failed to advance to the second stage of debate on a 17-25 vote. In 2016, voters overturned the Legislature’s repeal of the death penalty. Most senators felt it was too soon to attempt to change this, as it would ignore the will of the people.

I am continuing to work with local officials, NEMA and the Department of Transportation on the bridge projects and water issues, due to the recent flooding. I can assure you that state officials have prioritized these projects.

The Legislature will start meeting into the evening in order to get our work accomplished by the early part of June. I still encourage you to contact me with your thoughts and opinions on legislation before us. I can be reached at District #40, P.O. Box 94604, State Capitol, Lincoln, NE  68509. My telephone number is (402) 471-2801 and my email address is tgragert@leg.ne.gov.

The public hearing to be held by the Revenue Committee, the Education Committee and the Nebraska Retirement Systems Committee on the property tax relief proposal, scheduled for April 18, was cancelled, due to the amendment to LB 289 not being ready in time. The hearing has been rescheduled for Wednesday, April 24 and the 82-page amendment was filed a week in advance, as required by legislative rules. The amendment could be further amended, based on testimony received at the hearing, prior to LB 289 advancing to the full Legislature.

Under the proposed amendment, a foundation aid factor would be added to the school state aid formula. Schools would receive $3474.40 for each student next year, resulting in every school receiving at least a third of its funding through state aid. Currently, more than two-thirds of school districts receive no equalization aid from the state and are funded primarily with property tax revenue. A lid would be placed on school spending, based on the consumer price index and growth within a school district.

The valuation of property will be reduced by 10%, with the valuation of residential and commercial property dropping to 90% and agricultural land to 65% of its value. The local effort rate in the school state aid formula will drop to 90 cents. The proposal represents a 50% increase in state funding for K-12 schools, resulting in $500,000 in property tax relief, which is projected to decrease school property taxes on average by 20%. The proposal would be funded by a ¾ cent sales tax increase, an increase in the cigarette tax to $1.00 per pack, the removal of some sales tax exemptions, including pop, candy, and bottled water, as well as taxing plumbing, heating and air-conditioning services, services provided by moving companies, and veterinarian care for pets.

Immediately after the amendment was filed, Governor Pete Ricketts issued a press release calling the proposal the largest tax increase in Nebraska history. He also criticized the elimination of most of the funding for the Property Tax Credit program.

The Legislature gave initial approval this past week to LB 657, the Nebraska Hemp Act. The passage of the 2018 Federal Farm Bill legalized the growth, cultivation, and processing of hemp across the country. Hemp is drought resistant, can serve as a rotational cash crop, and cannot contain over 0.3% THC. This is the chemical that produces the marijuana high. The legislation creates a process for farmers and cultivators to test their crop for THC compliance to ensure it complies with the Farm Bill.

Under LB 657 as amended, the hemp research pilot program authorized a couple years ago, based on the 2014 Farm Bill, would be expanded to enable wider participation for the 2019 growing season. LB 657 would provide the structure needed to prepare and implement a state plan to conform to the 2018 Farm Bill for the 2020 growing season and beyond. Other states around us have already passed legislation authorizing hemp and we need to get on board, in order to give farmers the opportunity to benefit from this crop.

The Legislature also gave first-round approval to LB 693, which adopts the Neighbor Spoofing Protection Act. The sponsor of the bill worked with the Attorney General’s office and the Public Service Commission on the legislation. The intent of the bill is to reduce the number of calls persons receive from numbers similar to their own, in a deliberate attempt to con people into answering the call. Supporters of the bill acknowledged that this would not entirely resolve the problem because many spoofing calls originate from the Internet or overseas and cannot be traced. LB 693 is patterned after a Kansas law and is among the growing attempt by states to place some constraint on this annoying practice, while Congress works on the issue as well.

LB 155, which as introduced, attempted to prevent public power districts from using eminent domain for the benefit of private wind companies. LB 155 fell two votes short of advancement earlier this session. After it was prioritized a second time, LB 155 was placed on the agenda again. The sponsor of the bill, Senator Tom Brewer, offered a compromise amendment, which resulted in the bill easily receiving first-round approval. The amendment would give landowners who didn’t want a connecting line across their property a chance to argue against it in court.

The Legislature has passed the two-thirds mark of this session. As we continue to discuss bills with priority status, I encourage you to contact me with your thoughts and opinions. 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.    

Our office received word this past week that Boyd County has been included in the disaster declaration, making federal funding available for individual assistance. Knox County had previously been included, as well as the Santee Sioux Nation. To apply for individual assistance, call FEMA at 1-800-621-3362 or register online at www.DisasterAssistance.gov. This is in addition to the counties and tribal areas that have qualified for public assistance.

The Legislature debated LB 227 for six hours this past week before advancing it to the second stage of debate. LB 227, introduced by Venango Senator Dan Hughes, amends the Nebraska Right to Farm Act (NRFA), which protected farmers against nuisance lawsuits brought by individuals who move into agricultural zoned areas. Although the NRFA protected farmers if they were there first, it did not protect them if any changes took place on the farm. Under current law, even the conversion of a non-irrigated farm to an irrigated farm or a transition of the operation within the family could remove the defense provided by the NRFA. LB 227 sought to remedy this.

LB 227 applies to the following situations: the conversion from one type of farm operation to another, a change in ownership or size of the operation, the enrollment in a government program, or the adoption of new technology. An amendment adopted in an effort to resolve concern expressed over neighbor’s rights, would allow lawsuits during a two-year period following any of the changes listed in the bill. If a subsequent change is made, the two-year period would start over. Farmers would still have to comply with county zoning and environmental regulations before any change could take place. Furthermore, lawsuits could be filed at any time if reasonable techniques to mitigate negative effects on the property of others are not employed. Prior to advancement of the bill, the sponsor pledged to work on additional amendments to resolve concerns with the bill.

The amendment that I referred to last week, allowing property taxes to be prorated for victims of a natural disaster, was adopted by the Legislature and LB 512 received first-round approval. I supported the amendment as I think it is unfair that property owners would have to pay property taxes for an entire year, if their home is destroyed part way through.

Another bill discussed this past week, LB 334, proposed to eliminate the Angel Investment Tax Credit program, which hasn’t been very successful, and instead transfer the funding appropriated to the Business Innovation Act. The Business Innovation Act funds grants and loan programs that encourage innovation and startup businesses in Nebraska. The chair of the Revenue Committee suggested that the $4 million appropriation should be used to replenish the Governor’s Emergency Cash Fund, which has dwindled from $5 million to $400,000 due to the recent flooding. Many senators, including myself, supported this suggestion. However, since the $4 million appropriation would not be available until next year, the Appropriations Committee voted to put $6 million in general funds into the emergency fund for the upcoming fiscal year and then use the $4 million plus an additional $1 million, to replenish the emergency fund in 2020-21.

The Revenue Committee has been working on a proposal to share with the full Legislature regarding property tax relief. They plan to hold a public hearing on their amendment to LB 289 on Thursday, April 18. The Education Committee and the Nebraska Retirement Systems Committee will join the Revenue Committee for the hearing. Possible components of the proposal include increasing the sales tax by ½ cent, eliminating the sales tax exemption on pop and candy, charging sales tax on plumbing and moving services, increasing the cigarette tax by 36 cents a pack, reducing the valuation of agricultural land for property tax purposes from 75% to 65% of its value and residential and commercial property from 100% to 90%, and adding a foundation aid component to the school state aid system.

My priority bill, LB 243, was passed by the Legislature on a 43-0 vote. It creates a task force that is to develop a healthy soils initiative and action plan. Another bill that I introduced, LB 406, was passed last month with the emergency clause, meaning that it went into effect when the Governor signed it. LB 406 updated statutes dealing with unclaimed property to ensure claimants receive all the unclaimed property rightfully due to them. The State Treasurer’s office recently notified me that the changes made in the law have already begun to simplify certain processes within their office. There is more than a half million dollars in unclaimed property in District #40. A list of unclaimed property can be found at: https://treasurer.nebraska.gov/up/. If your name is listed, the website also contains information on how to file a claim.

I would like to commend the North Central Sports Club, composed of student-athletes from Rock County High School in Bassett and Keya Paha County High School in Springview, for foregoing their spring trip and instead sending the money to a Verdel family that was severely impacted by the flood.

As the Legislature debates controversial issues, I appreciate hearing from constituents as to their views on the bills. 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, NE  68509.

My priority bill, LB 243, received second-round approval this past week on a 46-1 vote, after a lengthy debate that had nothing to do with the legislation. It is now ready for Final Reading. Under LB 243, a Healthy Soils Task Force would be created, whose purpose is to develop a comprehensive plan to promote 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. I have already received letters from several people across the state, expressing their desire to serve on the task force. If the bill passes, I will pass their information on to the governor, who will appoint the task force members.

LB 15, which creates the Children of Nebraska Hearing Aid Act, received first-round approval on a 39-0 vote. The bill requires individual or group health insurance policies to provide coverage for children under the age of nineteen that includes hearing aids and associated services. The bill caps the benefits paid for hearing aids and services during the prior two-year period at $3,000. The bill would not apply to small employer group plans or policies providing limited-benefit coverage. Furthermore, health insurance plans are exempt if the cost of coverage exceeds 1% of all premiums collected under the plan. Thirty-one senators, including myself, signed on as co-sponsors to the bill, introduced by Bellevue Senator Carol Blood. LB 15 was designated as a speaker priority bill.

The Legislature began debating LB 483, which changes the way agricultural land is valued for property tax purposes. Currently, ag land is valued based on market sales. LB 483 proposes to value such land at its agricultural productivity value, which considers how much income can be earned off the land. Some of our surrounding states use a similar method of valuing ag land. The intent is not to reduce property valuations, but to provide for a fairer system. Governor Ricketts has expressed his support for the measure. However, some concern was expressed as to the constitutionality of the proposal. Our constitution allows ag land to be valued differently, but it has to be uniform and proportionate within the class of agricultural and horticultural land. Since the proposal caps valuation at the 2019 values, there was also concern that this is not a good year to serve as the base, with valuations that have just started to drop and with low commodity prices. The Legislature debated LB 483 for three hours. The sponsor of the bill, Senator Steve Erdman, will now have to show the Speaker that he has thirty-three votes in order for the bill to be placed on the agenda again.

The Legislature discussed at length an amendment to a Department of Revenue clean-up bill, LB 512, introduced by Elkhorn Senator Lou Ann Linehan. The amendment contains the provisions of LB 482, which would prorate property values for property tax purposes if a property becomes destroyed by a natural disaster. The current system unfairly taxes property owners for property which has been destroyed. This proposal became far more significant after the March flooding and is one way the Legislature can help Nebraskans who have experienced the devastating effects from the flood. I spoke in support of the amendment on the floor of the Legislature. I realize that counties and cities could experience reduced revenue for a short period of time, which will be difficult, but local governments have access to more federal public assistance than do individual homeowners. The sponsor of LB 512 will also have to show the speaker that there are thirty-three senators in support to continue the debate on this bill.

The Revenue Committee continues their work on a tax relief package that they hope to have completed by mid-April. Some ideas being discussed are more than doubling the state dollars allocated for property tax relief (currently $224 million), lowering the top corporate income tax rate, increasing the state sales tax rate, eliminating the sales tax exemption on pop, candy and bottled water, and raising taxes on tobacco, to bring them more in line with surrounding states.

The Nebraska Department of Transportation has developed a website, allowing Nebraskans to view updates on the progress of repairs to state highways and bridges. The website can be found at https://dot.nebraska.gov/news-media/nebraska-flood-2019.

Since my last newsletter, residents and business owners in six additional counties and one tribal area have been included in the disaster declaration making federal funding available to those eligible. The additional counties included Knox County and the Santee Sioux Nation. Boyd County is one of twelve counties still pending. Hopefully, by the time you read this, the decision will have been announced. To apply for individual disaster assistance, call FEMA at 1-800-621-3362 or register online at www.DisasterAssistance.gov. If you have been affected by the flooding and don’t know who to contact in regards to your specific needs, call 2-1-1. They will be able to point you in the right direction. Furthermore, you can contact my office at (402) 471-2801. My email address is tgragert@leg.ne.gov and my mailing address is District #40, P.O. Box 94604, State Capitol, Lincoln, NE  68509.

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 tgragert@leg.ne.gov and 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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