Over the Fence
A bi-weekly newsletter from Senator Tom Hansen
(April 23, 2009)
thansen@leg.ne.gov

This week the Appropriations Committee made tentative decisions on its recommendations for the $6.9 billion two-year budget. The plan is lean — 1 percent average growth in state spending over the next two years. And it means some pain, including likely layoffs at the University of Nebraska and at state agencies.

The tentative plan requires no tax rate hikes. It gives a small rate increase to health care professionals who take Medicaid patients. The University of Nebraska and all higher education will see state funding increases — a 2 percent increase the first year of the biennium in lieu of the original 1.5 percent increase proposal.

The state’s budget situation is part good luck and part good planning. State government is sitting on a $566 million state cash reserve, saved during better economic conditions. The state’s cash reserve will be used to cover a $190 million budget gap. That gap could increase after the state’s forecasting board provides new, likely lower, revenue forecasts for the next few years. The Committee will take a final vote on the budget recommendations next week.

After more than 14 hours of debate, a vote to stop debate and force a vote on a school funding bill fell short of the needed votes. The bill, LB 545, introduced by York Senator Greg Adams, was meant to slow growth in state aid to schools over the next few years. It included a 10 percent increase next year and a 7 percent increase the year after. Some districts would have gotten substantial increases in the next two years. Some would have lost money. The standoff on the bill was fueled primarily by Omaha senators, because Omaha Public Schools and some other larger districts would have lost some of their increases in state aid. Those senators argued it was important to fully fund state aid, especially for districts in which there are high rates of poverty and English Language Learners. But Senator Adams said the money just wasn’t there. Speaker Mike Flood said he had not decided what to do in bringing the bill back for more debate. In the past, bills that failed an attempt to stop debate were not rescheduled. However, this is a significant issue.

Another bill that was debated this week dealt with giving tougher penalties on certain sex crimes. LB 97, introduced by Omaha Senator Scott Lautenbaugh, creates the offense of unlawful use of the Internet by a registered sex offender and enhances penalties for crimes relating to enticement of a child and the manufacture, possession and trafficking of child pornography. With sexual predators using the Internet to entice children, a parent has to be vigilant in overseeing their child’s use of the computer. The Internet has expanded the child pornography problem. The bill would bar registered sex offenders from using such social networking sites as MySpace or Facebook, and it would require them to provide Internet communication identities. What sexual predators value the most is anonymity. They value blending in. The bill takes away their ability to blend in. LB 97 would create an exception for teens who knowingly send nude pictures of themselves to another minor and for those younger than 19 who get a picture from a person who is at least 15 and don’t send it on. LB 97 was advanced to the second round of debate.

During the Appropriations Committee budget meetings this week members expressed it was the intent of the Legislature that local Workforce Investment Boards direct a percentage of funds received by the American Recovery and Reinvestment Act (ARRA) be used for dislocated worker employment and training activities to support access to training and training-related supportive services, including tuition for credit-bearing courses, costs related to adult basic education programs, and certificate programs. Also, $400,000 in state General Funds will be expended for a website to help keep us compliant by tracking the use of ARRA funds. Therefore, Nebraska citizens will be able to go on-line and follow where and how that money is being used.

The Nebraska Economic Forecasting Advisory Board met this afternoon and presented us their newest projections. Their revisions reduced revenue estimates from the Appropriations Committee budget plan by $94.5 million over the current year plus the next two budget years. Revenue estimates had been speculated to be $60 million. This is not good news… we have much work ahead of us!

Over the Fence
A bi-weekly newsletter from Senator Tom Hansen
(April 9, 2009)
thansen@leg.ne.gov

This week we resumed our discussion of LB 355, a bill that creates an exception to the state smoking ban for cigar bars. An amendment to the bill was passed that would not allow patrons in those cigar bars to smoke cigarettes. Some senators felt that by not allowing cigarette smoking in a cigar bar, you are in fact making it a cigar bar, otherwise isn’t just a bar where people go to smoke cigarettes and drink alcohol. Even with this amendment, I still oppose the bill. However, the bill advanced to the final stage of debate.

We gave first round approval on LB 98 – introduced by Holdrege Senator Tom Carlson – a bill that continues the $2 million-a-year program to kill invasive vegetation clogging some rivers in the state. The program has successfully cleared vegetation along the Republican River over the past two years and has helped the state save millions of dollars in payments to Kansas. The cleanup program for vegetation such as Russian olive trees, phragmites and salt cedar trees would continue for another four years under LB 98. Senator Tom White of Omaha objected to what he called a “bailout” of wealthy landowners who got rich in the first place using the water for irrigation and then wanted taxpayers to pay for cleaning up invasive river-clogging vegetation. He cited a 1911 law that already requires landowners along riverbanks to keep their land clear of weeds and rubbish. Landowners have been taking care of these rivers for 98 years, but we have now reached a crisis level of vegetation which drastically slows the river flows and creates low-land flooding.

The ban on firearms possession on a university or college campus was clarified this week with an amendment to the Concealed Handgun Permit Act. Imperial Senator Mark Christensen, who introduced LB 430 has tentatively agreed to some of the changes made in the bill regarding concealed carry permit holders, would be able to travel throughout the state and be compliant with each city’s regulation on handguns. Another change made and adopted by the body included an amendment clarifying possession of firearms at colleges or universities. Last year, a Lancaster County judge dismissed charges of unlawful possession of a firearm on school grounds against two teens who had taken rifles onto the University of Nebraska-Lincoln campus to call attention to an issue. The judge said legislators didn’t specify if a law barring firearms from school grounds applied to universities. The adopted amendment makes it clear that a school includes colleges and universities.

Lincoln Senator Ken Haar introduced LB 436, which would allow net metering of electricity. The bill also allows a public power district to contract with customer-generators with renewable generation units under 25 kilowatts. It requires all electric suppliers to allow a customer-generator’s retail electricity consumption to be offset by a qualified facility that is interconnected with the local distribution system. Electrical suppliers shall provide net metering services at nondiscriminatory rates. The bill advanced to the second round of consideration.

In Appropriations Committee this week we have been discussing the budget requests from all state agencies to prepare for introduction of the state budget. We are still in the process of deciding whether or not to accept their requests. We are also continuing our discussion of accepting stimulus money and trying to figure out how to incorporate that money into Medicaid expenses and TEEOSA (state aid to schools). If we can justify using the stimulus money for schools, we can keep from losing our young teachers to other professions.

Over the Fence
A bi-weekly newsletter from Senator Tom Hansen
(March 27, 2009)
thansen@leg.ne.gov

First round approval was given to a bill that would allow a cigar bar exemption to the statewide smoking ban passed last year and set to take place June 1. LB 355 introduced by Omaha Senator Scott Lautenbaugh, would allow an exemption for cigar bars that hold a Class C liquor license. Debate was extensive on both sides of this issue. A motion to bracket the bill was unsuccessful. An amendment was adopted that would disallow cigarette sales as part of the percentage of gross revenue required to qualify for the exception. Also changed was the percentage of tobacco sales required to 10 percent — down from the 15 percent required in the original bill. Cigar bars could not sell food and would have to have a humidor for cigar storage on the premises. In my opinion this exception would open the door for more exemptions in public spaces.

A bill that would set up a process to compensate people wrongly convicted of a felony was advanced to the last stage of debate this week. LB 260, introduced by Tekamah Senator Kent Rogert, was changed to cap any compensation to $500,000. It would leave compensation amounts up to a judge, rather than set an amount of money owed by the state per year of imprisonment. LB 260 was introduced to compensate the six people found to be innocent of the 1985 murder of Beatrice resident Helen Wilson. The cost of implementing this bill for just the six people wrongly imprisoned is $3 million.

Last week, the Director of the Department of Roads, John Craig presented the Department’s budget request for years 2010 and 2011. In his presentation to the Appropriations Committee Director Craig pointed out the department’s mission to provide a safe, reliable, affordable and environmentally compatible transportation system for the movement of people and goods. He reported that fatalities have been reduced by 34% and work zone crashes have been reduced by 63% since 1998. Director Craig testified that they would be receiving stimulus money and of that amount, $19 million would be used for road overlays and resurfacing projects. Road repairs are badly needed so I’m happy to hear that money will be used for those purposes.

The AARP has asked the Legislature to increase funding for programs run by the eight regional aging agencies that help keep low-income seniors in their homes. The group suggested a 5% increase in their 2-year budget. That is about a half million more than proposed in the tentative budget plan. This money pays for programs including home-delivered meals, transportation, in-home care and nurses and social workers who work with older adults in their homes. The Appropriations Committee has proposed a 2% preliminary increase.

Another issue heard before the Appropriations Committee this week dealt with the Tobacco Prevention and Control Cash Fund. LB 572, introduced by Elk Creek Senator Lavon Heidemann, would reduce the annual transfer of money to that fund. Currently, $3 million is transferred annually from the Tobacco Settlement Trust Fund to the tobacco prevention fund. This bill would reduce the amount transferred to $1.5 million. Sen. Heidemann’s intention is to increase the sustainability of the state’s health care cash fund, which also receives tobacco settlement fund monies. The health care cash fund is projected to be exhausted by 2042 and the state needs to consider ways to strengthen the fund.

Lincoln Senator Danielle Nantkes introduced and prioritized a bill that creates the In The Line of Duty Dependent Education Act. The intent of LB 206 is to recognize the ultimate sacrifice made by law enforcement officers and firefighters – being killed in the line of duty. The Act provides post-secondary education to their surviving children if they attend state universities, state colleges or community colleges located in Nebraska. Additionally, the surviving children can also be qualified for the federal In the Line of Duty program. The bill was advanced to the second round of debate.

All Committees have completed hearings so next week we will begin all day floor debate. The Appropriations Committee will begin the process of post-hearing reviews and finalizing the budget recommendation. The budget is required to be introduced by the 70th day of the Legislature — April 29th.