Over the Fence
A bi-weekly newsletter from Senator Tom Hansen
(May 22, 2009)
thansen@leg.ne.gov

This week Governor Heineman accepted our $6.9 billion two-year budget plan without a single line-item veto. I was especially happy to hear that because as a member of the Appropriations Committee we spent our time producing a responsible budget. It’s good to know that the Governor had enough confidence in our decisions to recognize that.

The budget will actually cut state tax spending by 3 percent this year. For the next 2 years it is projected to increase 1 percent and will avoid any tax increases. It relies a lot on more than $500 million in federal stimulus funds and money that has accumulated in the state’s cash reserve fund.

The week began with discussion on a bill that would make lethal injection Nebraska’s method of execution. Since the Nebraska Supreme Court ruled last year that the electric chair violated the state constitutional prohibition against inflicting cruel and unusual punishment, the state was left with no legal method for carrying out the death penalty.

LB 36, introduced by Norfolk Senator Mike Flood was advanced to the second round after two days of debate. Issues covered included religious and ethical views, as well as practical problems on both sides of the issue.

The bill will require the Department of Correctional Services to establish protocol for conducting lethal injection executions, including the selection of the lethal substance or substances to be used. The Department will hold public hearings before any procedure is developed. It will also clarify that the identities of the execution team are confidential to the limits allowed under the Nebraska Public Records laws. At least two members of the media will be allowed to attend an execution.

While some senators offered proposals to change the process involved in the application of the death penalty, others supported repealing it all together.

Governor Heineman supports this measure and has indicated he will sign LB 36 which will make it become law this year.

Omaha Senator Tom White introduced LB 16, a bill which would have let the Legislature operate a site detailing state spending. But State Treasurer Shane Osborn operates a web site that already details where our state tax dollars are spent. So a compromise amendment advanced to the second round along with the bill that lets Osborn keep running the web site and maintaining government transparency.

Under the provisions of the bill, the Legislature tells the State Treasurer what information should be included on the site and, it prevents the Treasurer from having his picture and seal on it.

Legislation designed to discourage abortions headed toward final enactment after an emotional three-hour floor debate. Introduced by Lincoln Senator Tony Fulton, LB 675 would require abortion clinics to offer women an opportunity to view ultrasound images before proceeding with an abortion.

The bill does not force women to view the ultrasound image. Each woman has a free choice to view it if she chooses.

A bill that would have added an additional Lancaster County District Court judgeship was debated for several hours before being advanced to the final stage of debate. LB 35, introduced by Omaha Senator Brad Ashford, was amended with 14 other bills that contain a number of court-related issues important to the state Supreme Court. The portion that would have added another Lancaster County judge was LB 669 introduced by Lincoln Senator Colby Coash.

Governor Heineman had threatened to veto LB 35 because of the cost of implementing the $250,000 measure. Instead of eliminating the position completely, the Legislature compromised by putting off the judgeship for two years.

Speaker Mike Flood has announced that after conferring with each of us, he intends to adjourn the Legislative Session on May 29th of this year — that is 3 days short of the 90-day maximum. He will continue to monitor the progression of bills left to discuss, but as of today his plans are to adjourn on the earlier date.

Have a wonderful Memorial Day holiday!

Over the Fence
A bi-weekly newsletter from Senator Tom Hansen
(May 8, 2009)
thansen@leg.ne.gov

Debate began this week on the 2009-11 state budget. The package of bills as proposed by the Appropriations Committee was advanced to Final Reading. It provides $6.9 billion for state government or an average annual spending growth rate of 1 percent. The $566 million cash reserve fund is reduced by half.

The revenue forecasts on which the budget is based, project revenue growth reductions of 2.7 percent in fiscal year 2008-09. The cumulative revenue growth over the three years that impact the upcoming biennium is 13 percent below the historical average.

The overall budget picture was improved $523 million by federal American Recovery and Reinvestment Act funds.

The most contentious portion of the package of budget bills was an additional $7 million appropriation for the Beatrice State Developmental Center. Some senators were concerned that we were appropriating additional funds for the facility without a clear idea of what has been done to address issues at BSDC. Members of the Appropriations Committee had concerns about the deficit appropriation, but we believed we had little choice but to provide the funding and continue to monitor the situation. The budget reflects that this state wasn’t able to do everything it wanted. We have given increases to some agencies. We will have an increase to K-12 education, to our university system and to Medicaid provider rates.

Other items advanced included appropriating $15 million to hold steady the growing list of people waiting for developmental disability services; $76,000 to pay for criminal background checks for people who transport foster children; 2.5 percent salary increases for judges in each of the next two years and an increase in court filing fees to help fund retirement for judges; and $600,000 for a claim filed by David Manes, on behalf of his daughter Olivia who died at BSDC in January.

Another bill gaining first round approval was LB 626, introduced by Wilber Senator Russ Karpisek. The bill allows public officials and employees to use public resources that are considered incidental. LB 626 prohibits such communication from interfering with public business. Finally, the bill allows for the use of public resources in preparing, presenting or disseminating information about ballot questions. This measure will help clear up confusion for public officials and employees and is a major change from the original bill.

Local law regarding agricultural seed could not preempt state law under a bill advancing to the second round of debate. Tekamah Senator Kent Rogert, introduced LB 263 that prohibits political subdivisions from regulating the registration, labeling, sale, storage, transportation, distribution or use of seeds and fertilizers as authorized under the Nebraska Seed Law.

Several counties in California have banned growing genetically engineered crops and livestock and about 100 towns in New England have passed resolutions supporting limits on genetically engineered crops. Nebraska has no county or state regulations governing seed or fertilizer now, and the measure is intended to head off problems that could occur if counties started trying to regulate.

Two bills aimed at developing wind energy in Nebraska were combined and advanced from the first round of debate.

LB 561, introduced by Omaha Senator Steve Lathrop, permits public power districts to limit eminent domain powers in order to acquire wind power generation facilities. Developers would be assured that their investment is safe and will not be subject to eminent domain.

The Natural Resources Committee offered an amendment containing provisions of LB 471, introduced by Lincoln Senator Tony Fulton. The amendment extends a provision offered to small energy producers that exempts them from a Nebraska Power Review Board requirement that only generators that can most economically and feasibly supply electricity be approved.

The amendment also would allow C-BED projects to make an application to the board as long as the appropriate utility holds a public hearing and the electricity generated by a project is to be sold exclusively to the utility for at least 20 years.

Among the bills that passed into law this week included LB 98, introduced by Holdrege Senator Tom Carlson. LB 98 extends the sunset date another two years for a grant program annually offering $2 million to weed control entities and natural resources districts to combat the vegetation in the Republican and Platte River basins. This appropriation could save the state by increasing the amount of water that flows to Kansas.

Another bill that was passed includes LB 92, introduced by Omaha Senator Gwen Howard. It requires vehicles to move over, on highways with two or more lanes going the same direction, when approaching stopped emergency and road assistance vehicles.

Have a Happy Mother’s Day!