NEBRASKA LEGISLATURE
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Sen. Mike Groene

Sen. Mike Groene

District 42

We named LB595 as our Senator Priority Bill authorizing teachers and administrators to use physical force or restraint on violent students and gives limited immunity for those employees from legal and administrative discipline. It also gives teachers the authority to have repeatedly disruptive students removed from the classroom and it sets up a process involving the teacher and parents as to when the principal can have the student returned to the classroom.  The Education Committee voted the bill out of committee, meaning it will be debated on the floor of the Legislature.

LB478 allows productive citizens who have been convicted of a felony in their past to possess archery equipment. The Game and Parks Department has had a policy of issuing archery hunting permits to individuals who have a past felony conviction. A recent Nebraska Supreme Court case cast doubts on the legality of felons owning bows and arrows and using a knife with a blade over 3 ½” long to process game. LB478 also allows felons to own hunting knives if they possess a hunting license. The bill came out of committee and was selected to be one of the Speaker’s 25 priority bills.

LB640, our property tax relief bill, was picked up by Senator Friesen as his priority bill. The bill would set 60% as the maximum amount that property taxes could generate for a local public school’s budget, the remainder would come from increased state aid along with present federal, state, and miscellaneous local funding (speeding tickets etc.) It would also lower the maximum property tax rate schools can levy from 1.05 to 1.00. We would designate the appropriated funds presently in the Property Tax Relief Fund to pay for the shift of school funding back to the state. It is presently still in Revenue Committee and may be used as the base for the property tax relief portion of a comprehensive income tax bill. Either way, I believe Senator Friesen and I have the votes to get the bill on to the floor for debate.

LB594 requires a limited liability company (LLC) seeking a tax benefit to file an amended certificate of organization with the Secretary of State disclosing the members of the LLC. It has been the policy of our democracy that when you receive the direct benefits of tax dollars you lose your right to privacy, no one should be able to hide behind a front company. The hearing was last Monday. The Banking, Commerce and Insurance Committee has not acted on the bill as yet. Since no one testified against the bill. It should have a good chance to make it to the floor.

Sometimes government can over-regulate to the point that it can deny consumers access to services they wish to use. An example of this was equine (horse) massage therapy. The Department of Health and Human Services regulates animal health issues including issuing licenses for veterinary medicine. We were approached by Karen Hough from Arnold, Nebraska about the issue. She wished to practice equine massage therapy as a sideline business. Although she had taken training and had practical experience, she was denied a license due to the requirements set by the state. We discovered that in the world of horse enthusiasts, horse massage is a common practice to keep competitive livestock at the top of their game, no different than a professional athlete. Texas, Montana, South Dakota, and many other western states do not require a license to be a horse massage therapist. I was informed that it is practiced in Nebraska, but it is being done illegally without a license. We found that because of the onerous requirements Nebraska has set, there is not one single licensed equine therapist in Nebraska. We introduced LB596 to exempt equine massage therapy from the list of animal therapies that must be licensed under the Veterinary Medicine and Surgery Practice Act. We had the hearing last week in the Health and Human Services Committee. I think it has a good chance to be voted out of committee. I have found no better example than this issue to show the public’s sometimes frustration of government becoming a “nanny state”.

Please do not hesitate to contact my office mgroene@leg.ne.gov or 402-471-2729 with any comments, questions, or concerns.

Monday 3/20

Business and Labor
Location: Room 2102
Time: 1:30 PM

Document Introducer Description
LB598 Groene Require consideration of certain factors by the Commission of Industrial Relations when establishing wage rights

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB155 Brasch Require successful completion of a civics examination as a prerequisite to high school graduation
LB308 Brasch Change provisions relating to the committee on Americanism
LB14 Krist Require successful completion of a civics examination as a prerequisite to high school graduation

Tuesday 3/21

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB540 Stinner Provide for a temporary aid adjustment factor in the Tax Equity and Educational Opportunities Support Act

Wednesday 3/22

Health and Human Services
Location: Room 1510
Time: 2:00 PM

Document Introducer Description
LB128 Groene Change eligibility provisions relating to the Supplemental Nutrition Assistance Program

We are at a point in the session where committee hearings are wrapping up and floor debate on Senator and committee priority bills are in full swing. We have also reached the time where we start meeting 4 instead of 5 days a week; it comes just in time to save friendships, avoid fistfights, and maintain good governing. Legislation comes fast to the body when action is constant; time is lacking to inform oneself on upcoming legislation, work on your own bills with your colleagues, and have time to go back home where sanity prevails. It is not that work is not done on the fifth day, it is just common sense that if one can have time to study issues a couple of days a week, it can avoid bad legislation caused by uninformed votes or worse by votes given due to political friendships or persuasion by the lobby.

This week we had the education hearing on LB409, legislation to adjust the State Aid to Education formula (TEEOSA) to match the Appropriations Committee’s proposed $1 billion State Aid to public schools. Although it is an increase of $20 million over last year, it is below the formula’s expected $67 million increases. It is not a simple task to fairly adjust a flawed TEEOSA formula. Since no proponents but many opponents testified on the bill, it was apparent LB409 was fair to all; it will lower funding to all sizes of districts.

LB98 extends the sunset date on an additional 3 cent taxing authority per hundred dollars of valuation for 8 out of 23 Natural Resource Districts (NRD) that are designated over or fully appropriated on groundwater. The extension would be from 2017 to 2026.  All NRDs have a base taxing authority of 4.5 cents.  NRDs have been a beneficiary of the massive valuation increases in property valuations, taxing revenues have increased 77% over the last 10 years. Another factor is the 2009 State Supreme Court case Garey vs. Nebraska Dept. of Natural Resources which reaffirmed our State Constitution’s mandate that property taxes can’t be used for state purposes. They can’t be used to build pipelines or maintain property or infrastructure whose purpose is to satisfy state surface water agreements with another state, such as the Republican River compact or the Platte River Agreement.  Eliminating the tax would give Lincoln County residents $45 of tax relief on a home valued at $150,000 or $250 on an average quarter of farm ground.

LB496 would add new housing projects designated for workforce purposes (regardless of building site) to what is allowable under TIF projects. If this passes it will put small housing contractors out of business or it would be foolish of anybody to build a house unless they would be granted TIF. If enacted it will cause a huge property tax shift to hardworking small businesses, home owners, and agriculture land. After all, someone must pay the taxes to afford public safety, good schools, and maintain government infrastructure.  It has been prioritized so it has a good chance to become law.

I have introduced LB599 which would consider all new development infrastructure and building construction as business inventory until occupied, leased, or sold. To a contractor, new development is business inventory, not unlike an automobile on a dealer’s lot, where property taxes are not charged until the vehicle is retailed. I believe LB599 would be a fairer method to aid home construction and would eliminate government picking winners and losers in tax relief. The hearing on the bill is this Thursday in the Revenue Committee.

March 9

LB596 allows for an exemption from licensing by the Department of Health and Human Services for those in the profession of Horse Massage Therapy.  Presently, there have been no licenses for horse massage therapists issued by DHHS.  There are Nebraska citizens that have experience to do this and current regulations keep them from aiding horse owners.

March 13

LB594 provides for limited liability companies applying for economic development programs to file amended certificates of organization.  This will allow for transparency about those that are applying for economic development programs.  The bill provides for transparency to the public about who is receiving tax incentives.

Please do not hesitate to contact my office mgroene@leg.ne.gov or 402-471-2729 with any comments, questions, or concerns.

Monday 3/13

Banking, Commerce and Insurance
Location: Room 1507
Time: 1:30 PM

Document Introducer Description
LB594 Groene Require a limited liability company seeking a tax benefit to file an amended certificate of organization

Tuesday 3/14

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB630 Larson Adopt the Independent Public Schools Act
LB650 Linehan Change provisions for teaching certificates
LB568 Erdman Change provisions related to temporary teaching certificates

*order of bills may change

I have not been able to get columns out weekly due to being extremely busy with legislative business over the last month. I will continue to be heading into March.

We wish to thank the Lincoln County Farm Bureau for sponsoring the town hall meeting on Feb. 18. We had a good turnout and even had some eastern Nebraska folks show up who had concerns that I was chairman of the Education Committee.

We had to explain to them that America is not an authoritarian form of government based on educational elitism instead, we are a democracy where we tell all our children they can grow up to be president. One would assume they can also be elected to a school board, or be elected a county commissioner or perhaps a state senator who is elected by his peers to be the chair of the Education Committee.

I believe a major detriment to an advanced free society is a form of occupational arrogance, displayed by some, that comes along with higher levels of education. Education accompanied by wisdom is a blessing to society; education unchecked by wisdom is not. Wisdom advises; educational elitism dictates.

This week, the state revenue forecasting board lowered expected state tax revenues by another $158 million. State funding for public schools (TEEOSA) was expected to go up 6.9 percent or $67.6 million; the expected increases will be lowered to somewhere around 2.1 percent or $20.5 million. The Appropriations Committee will decide what the final dollar amount is, and then we in the Education Committee will decide how the reductions in expected funding will be shared by all school districts.

I have introduced Legislative Bill 409 as the shell bill that we will use to fairly administer the slowdown in educational spending proportionally to each district. The hearing on the bill will be next Monday.

On Feb. 15, the Natural Resources Committee heard LB 218, our attempt to force the sale of the 19,500 acres of N-CORPE land in order to put it back on the tax rolls and to eliminate most of the operating cost.

During the debate, never once was a good reason given why the citizens of four natural resource districts involved in N-CORPE needed to have a government entity own the land. It became obvious during the hearing that influences outside Lincoln County are running the show at N-CORPE. I believe we have been able to stop outsiders from influencing the members of the committee to kill the legislation by indefinitely postponing the bill.

Sometimes, I feel like I am in the Old West, where cattle barons believed the open range was theirs, and by God, no farmer was going to put up fences. It seems that we have some that believe the groundwater is theirs and no one is going to tell them otherwise. Thankfully, most of us associated with irrigated farming know different and we wish to be stewards of our groundwater so we can pass on irrigated farming to future generations.

There is talk of plans by N-CORPE’s board (most are not Lincoln County citizens) to sign a contract to allow 140 electric generation windmills on our government-owned Lincoln County land. You might consider attending N-CORPE’s next meeting.

Since our last column, we introduced our proposed TIF bills before public hearings:

» LB 262, to restrict open land use

» LB 489, to strike permissions for use of TIF language from existing law and

» LB 597, to give Nebraska’s Department of Revenue oversight over proper use of tax increment financing.

We are making headway in convincing fellow senators of the drain to local property tax bases that TIF is causing. The Revenue Department has recently released its 2016 TIF report. Property tax dollars lost to TIF have gone from $37 million annually to $70 million over the last 10 years. Have your property taxes gone down over that period? Proponents of TIF’s use as economic development claim they should have.

Eventually we will get something accomplished. There is a lot of money involved; it is not easy to take tax dollars away from those who profit from them.

Please do not hesitate to contact my office mgroene@leg.ne.gov or 402-471-2729 with any comments, questions, or concerns.

Monday 3/6

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB634 Wayne Include virtual school students in the state aid to schools formula
LB409 Groene Change the base limitation and local effort rate for school districts
LB484 Kolowski Create the School Financing Review Commission

Tuesday 3/7

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB651 Linehan Adopt the Nebraska Reading Improvement Act
LB662 Linehan Establish a grading system for schools and school districts

Thursday 3/9

Revenue
Location: Room 1524
Time: 1:30 PM

Document Introducer Description
LB599 Groene Exempt certain improvements on land from taxes as prescribed

Health and Human Services
Location: Room 1510
Time: 1:30 PM

Document Introducer Description
LB596 Groene Exempt equine massage therapy from credentialing and regulation under the Veterinary Medicine and Surgery Practice Act

Monday 2/27

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB398 Wayne Provide requirements for public school districts relating to swimming activities
LB569 Friesen Establish the Community College Task Force and sunset community college levies
LB490 Walz Adopt the College Choice Grant Program Act

Tuesday 2/28

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB521 Walz Change provisions related to early childhood education in the Tax Equity and Educational Opportunities Support Act
LB511 Education Committee Change provisions for payment of educational costs for state wards and students in residential settings
LB512 Education Committee Change provisions related to education

Wednesday 3/1

Judiciary
Location: Room 1113
Time: 9:15 AM

Document Introducer Description
LB478 Groene Provide for possession of archery equipment and knives for recreational purposes

 

 

Monday 2/20–President’s Day observed. Capitol offices closed, no hearings

——-

Tuesday 2/21

Urban Affairs
Location: Room 1510
Time: 1:30 PM

Document Introducer Description
LB262 Groene Change provisions relating to undeveloped vacant land under the Community Development Law
LB489 Groene Redefine development project under the Community Development Law
LB597 Groene Provide for application process through county assessor and Tax Commissioner prior to using tax-increment financing

Monday February 13

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
Appointment Buckendahl, Chad W. – Technical Advisory Committee for Statewide Assessment
Note: phone confirmation
Appointment Aspen, Gwenn – Coordinating Commission for Postsecondary Education
LB608 Linehan Adopt the Parental Choice Scholarship Program

Tuesday February 14

Education
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB246 Morfeld Provide a budget exception for expanded learning opportunity programs
LB247 Morfeld Provide for school district levy and bonding authority for cybersecurity
LB525 Morfeld Change distribution provisions related to the Education Innovation Fund
LB575 Kolowski Provide funding for schools offering certain programs and courses as prescribed

Wednesday February 15

Natural Resources
Location: Room 1525
Time: 1:30 PM

Document Introducer Description
LB218 Groene Provide for installation of ground water pumps by public entities
LB488 Groene Adopt the Water Conservation Grant Act

Thursday February 16

Revenue
Location: Room 1524
Time: 1:30 PM

Document Introducer Description
LB251 Harr Redefine agricultural or horticultural purposes for revenue and taxation purposes
LB266 Friesen Change the valuation of agricultural land and horticultural land
LB640 Groene Change provisions of the Property Tax Credit Act and provide school district property tax relief

Home District Column 2/9/2017

February 10th, 2017

Tuesday, we presented LB595 to allow teachers’ disciplinary control of their classrooms. Discipline in the classroom to allow students to focus and learn and teachers to effectively communicate to the entire class is the purpose of LB595. The present Student Discipline Act outlines what student behavior may lead to discipline and empower school boards to adopt additional conduct policies. The Act authorizes short and long term suspension, expulsion, and mandatory reassignment as well as describes the student’s due process rights.

There is a gap, however, as to what actions teachers and administrators may take to contain a violent incident by an unruly student. LB595 fills in this gap, it allows teachers and administrators to use necessary force or physical restraint to subdue the student until such student no longer presents a danger to him or herself, other students, the teacher or administrator, or school property. The bill also allows teachers to remove a student who repeatedly interfered with the teacher’s ability to teach, or whose behavior is so disruptive that it seriously interferes with the class’ ability to learn. The administration can then place the student in another classroom, in-school suspension, or into alternative education programs. The student cannot be returned to the original classroom without the teacher’s permission.

This bill will give teachers and administrators the assurance that they have control of their classroom without fear of legal action or administrative discipline if they acted in a reasonable manner.

I have gained a higher respect for teachers after receiving a multitude of correspondence as to the violence they are experiencing in Nebraska classrooms. The Nebraska State Education Association (NSEA) testified in favor of the bill citing an email survey they conducted on the issue last Sunday. They had the largest response they have ever had to a member survey; overwhelmingly, teachers said there is a growing discipline problem in our schools. 80% said classroom violence is increasing, 80% said they want more control of their classroom.  I now understand that when I ask a former teacher why they retired early, they simply say in some form or another: deterioration on classroom discipline.

LB595 enforces learning in a classroom; not only does it allow learning to happen, it allows teachers to instruct students that there are behavior boundaries that all citizens should follow.  It’s a common-sense approach.  We’re working with all parties to make this work for everyone involved.

You may have noticed recently that there has been a concerted attack on debate points I have made in private conversations. I am undaunted, I take solace in a quote from Mother Teresa “Honesty and transparency make you vulnerable, be honest and transparent anyway”

Upcoming hearing dates:

February 15th Wednesday afternoon in the Natural Resources Committee

LB218 – N-CORPE shall sell land while retaining water rights and requiring review of project with public hearing.

LB488 – Department of Natural Resources creates voluntary irrigation water conservation grants to farm irrigated land as dry land on annual basis. LB488 will give a common-sense alternative for farmers to conserve groundwater instead of mining it and pumping it into a creek.

February 16th Thursday afternoon in the Revenue Committee

LB640 – Cap individual school districts property taxes at 60% of total revenue. Lowers maximum tax rate to 1.00

This bill is meant to work on property taxes and school finance in a more straightforward way.  It restores equity funding to districts who didn’t get it.  It will take out some of the variables that allowed for property taxes to grow in each district without approval of the local board.

Feb 21st Tuesday afternoon in the Urban Affairs Committee

LB 262 – Limits the use of open land for Tax Increment Financing (TIF)

LB489 – Removes ambiguous language from TIF statutes

LB597 – Provides oversight by the Department of Revenue for TIF programs

The three TIF legislation proposals will give state oversight, remove ambiguous language and clarify the definition of open land in its use in TIF projects.

Please do not hesitate to contact my office mgroene@leg.ne.gov or 402-471-2729 with any comments, questions, or concerns.

Sen. Mike Groene

District 42
Room #1107
P.O. Box 94604
Lincoln, NE 68509
Phone: (402) 471-2729
Email: mgroene@leg.ne.gov
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