I first want to say THANK YOU for all the support in the primary election. I try to review every bill in the Legislature through the lens of what is best for District 42 and its residents. I recall supporting Democratic and Republican bills based on their impact on my constituents. In fact, I even voted against the Governor’s veto of a bill brought by Senator Roundtree because I had committed to him early on that I would support it. Whenever I see him, he reminds me of how much it meant to him that I remained committed to my word even when the Governor was opposed. I have always believed that keeping your word is fundamental to building relationships and getting things done. If you compromise your integrity, what do you have left? I make it a point to never “trade” a vote. I focus my efforts on selling the merits of my bills rather than brokering trades. I also refuse to vote for bad bills.

As I talk with my constituents, I continue to hear one consistent message: property taxes are too high. I have responded by working with other Senators to limit how much political subdivisions can increase their tax asks (product of value x levy) and have asked them to cut their spending to the extent they can. However, I also hear from political subdivisions that they don’t appreciate “unfunded mandates” issued by the Legislature. For that reason, I always watch for bills that, if passed, would result in an unfunded mandate.

This year, Senator Wordekemper introduced LB400, a bill he introduced on behalf of the Nebraska Professional Fire Fighters Association to change the rules governing workers’ compensation insurance. Workers’ Compensation insurance is designed to compensate workers who are injured on the job and unable to work as a result. Most people have viewed this as physical injuries. The professional firefighters have filed and received compensation for cancer-related claims under workers’ compensation. However, like other workers’ comp claims, you must prove that the injury occurred as a result of your job duties.

As someone who has been fighting cancer (metastatic melanoma), I am sympathetic to the costs, emotional toll, and time commitment that cancer treatments take. My cancer was likely caused by sun exposure as far back as when I was a kid working on the farm. The doctors asked about my family history, but never about my occupation.

LB400 suggested that, since firefighters have a slightly higher incidence of cancer, they should not need to prove that their cancer was caused by the job. Instead, the bill would have required their employer to prove that their cancer was NOT caused by the job. Logic would suggest that, regardless of the cause, any firefighter who is diagnosed with cancer after performing the job for five or more years, or within five years after retirement, would automatically claim the job was the cause.

My nephew is a full-time paid firefighter in Lincoln and a full-time farmer. Given his exposure to ag chemicals, diesel fumes, and sunlight, he could be at a higher risk for cancer. Yet, in any cancer-related workers’ compensation claim that he filed, it would be presumed that his cancer was due to his firefighting duties under LB400 – despite his other risk factors. This would greatly increase the claim risks for municipalities and rural volunteer fire districts, as well as the cost of administering claims. In turn, this would greatly increase their insurance premiums or self-insurance costs, which are paid for with your property taxes. This creates a classic unfunded mandate. As a result, I led the filibuster to prevent this change in the law.

Over the years, I have consistently demonstrated my support for firefighters, both paid and volunteer. Our first responders are vital and put their lives on the line to protect people and property. Appropriate benefits are important for recruiting and retaining first responders, and it’s the job of elected officials to strike a balance between those benefits and the burden on the local taxpayer. Local departments can always make their own deals, but I don’t believe that the state should create an unfunded mandate to force this change in the law on our local political subdivisions.

Many bills that come before the Legislature seem to offer compassionate solutions to various problems, but they are generally not as simple as they may appear. For example, as chair of the Banking, Commerce, and Insurance Committee, we see bills every year that require insurance companies to pay for certain types of treatments or pharmaceuticals. I generally have opposed these bills because they increase costs for all premium payors and reduce competition among health plans and insurers. As they say, “there is no such thing as a free lunch.” The question is rarely as easy as whether we care about a program or policy; it is about the cost and whether it’s appropriate to require the cost to be paid in state law. These are not easy decisions, but they are part of the job.

It is a privilege to represent you in the Nebraska Legislature, and I look forward to hearing from you regarding issues that are important to you. I can be reached at 402-471-2729 or by emailing me at mjacobson@leg.ne.gov.