Earlier this session, it appeared as though we were not going to accomplish a great deal. But in comparison to past legislative sessions, we were right at the average mark. The statistics show that 661 bills were introduced and 214 became law. The only thing we absolutely had to accomplish was to pass a budget – and we did that too.

Below is a partial listing of bills that we dealt with since my last newsletter:

Bills passed into law:

LB 93 allows eligible veterans to request that their veteran status be indicated on their driver’s licenses or state ID cards. It also requires the state Dept. of Veterans Affairs to create and maintain a registry that includes veterans’ active duty records, status, discharge and retirement information.

LB 104 changes sales and use tax increases under the Local Option Revenue Act and provides tax incentives for renewable energy projects under the Nebraska Advantage Act.

LB 225 adopts the Newborn Critical Congenital Heart Disease Screening Act. Under the provisions of this bill, all newborns in Nebraska will be required to undergo screening for critical congenital heart disease.

LB 296 provides higher tax deductions to persons making contributions to a Nebraska College Savings Program account.

LB 298 changes provisions relating to controlled substances schedules.

LB 363 will help ensure the public can access government records and data at a fair cost.

LB 366 adopts the Diploma of High School Equivalency Assistance Act and provides funding from the Education Innovation Fund. This bill provides assistance to institutions that offer high school equivalency programs.

LB 507 requires quality standards for day care providers who get the largest share of state assistance money.

LB 517 creates the Water Funding Task Force which will work on the state’s water issues such as the long-term sustainability of water resources.

LB 561 expands the Nebraska Juvenile Service Delivery Project statewide through a three-step process beginning July 1, 2013. Under LB 561, the Office of Probation Administration will take over the community supervision, juvenile parole and evaluation duties currently held by the Office of Juvenile Services.

LB 561A appropriates to the Supreme Court $20 million the first year and $44 million the second year to aid in carrying out the provisions of LB 561 .

LB 573 designates an employee stock ownership plan (ESOP) as a qualified corporation, allowing its individual shareholders to exclude dividends and capital gains from their taxable incomes.

LB 634 adopts the Wildfire Control Act of 2013. The bill establishes new procedures for fighting and preventing wildfires.

LB 634A appropriates $1.545 the first year and $1.395 the second year to aid in carrying out the provisions of LB 634.

Legislative Resolution 155 creates the Tax Modernization Committee which will continually study and review the state’s tax code with the prospect of reforming it. Because I am a member of the Legislature’s Revenue Committee, I automatically become a member of the Tax Modernization Committee. Our first meeting was held this week to lay out the committee’s vision and its work. Public hearings will be conducted across the state with our focus on property, income and sales taxes.

I’m looking forward to spending more time at home and being back on the ranch. Of course, my legislative office in Lincoln will continue to be open and my staff will be available to take your calls (402-471-2729) or to forward your email to me (thansen@leg.ne.gov). Have a great summer!

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LB 577, the bill that requires Nebraska Medicaid to add the newly eligible adult population under the Patient Protection and Affordable Care Act to the Nebraska Medicaid state plan, probably will not be discussed further this session. It may come up for debate next year after two resolutions to study the issue will occur before the next legislative session. The resolutions will look at cost-sharing options for expansion, data and conditions that account for reportedly high use of emergency departments and potential strategies to enhance health management and are for people with chronic illness. The Health and Human Services Committee will also look at the economic impact of expanding Medicaid.

Bills Passed into Law:

Package of Budget Bills (LB’s 194, 195, 196, 197, 198, 199, and 200) provides for deficit appropriations, state government expenses, salaries of state senators, funding for salaries and benefits for judges and constitutional officers, capital construction projects and property acquisition, cash fund transfers from the cash reserve, and claims against the state.

So far, the Governor has line-item vetoed a $200,000 expenditure for the U.S. Senior Open Golf Tournament in Omaha. He has until Saturday at midnight to sign, veto in total or line-item veto any other appropriation in the rest of the budget bills.

LB 6 creates the Nebraska Commission on Problem Gambling.

LB 66 provides for redevelopment of formerly used defense sites under the Community Development Law.

LB 140 changes provisions of the Airport Zoning Act by redefining airport hazard to include any structure or tree or use of land that penetrates any approach, operation, transition or turning zone.

LB 265 adopts the Children’s Residential Facilities and Placing Licensure Act and changes foster care licensure and kinship home and relative home provisions.

LB 407 changes calculation provisions under the Tax Equity and Educational Opportunities Support Act.

LB 497 changes provisions relating to funding for education from lottery funds.

Advanced to Final Reading:

LB 97 adopts the Nebraska Municipal Land Bank Act and authorizes land banks to acquire tax-delinquent properties in the city of Omaha.

LB 104 provides tax incentives under the Nebraska Advantage Act for renewable energy projects. Senator Chambers was successful in adding an amendment that would repeal a 2012 law that allows municipalities to vote for an increase in local option sales taxes.

LB 216 adopts the Young Adult Voluntary Services and Support Act.

LB 298 adds substances and compounds to the Schedule I controlled substances list. Such substances and compounds make up the drug commonly known as “Smiles”. In order to be classified as a Schedule I drug under federal law, a drug or substance must

have a high potential for abuse, lack an accepted safe use under medical supervision and have no currently accepted medical treatment use in the United States.

LB 308 eliminates the federal alternative minimum tax calculation for individual state income tax purposes for taxable years beginning January 1, 2014.

LB 326 changes provisions of the Pharmacy Practice Act and Automated Medication Systems Act.

LB 366 provides assistance to institutions that offer high school equivalency programs.

LB 368 creates a subsidized employment pilot program within the Dept. of Health and Human Services.

LB 507 adopts the Step Up to Quality Child Care Act.

LB 561 reorganizes the juvenile justice system to focus on mental health treatment instead of punishment. The mission of juvenile offender centers at Kearney and Geneva would change under the plan. The bill emphasizes working with the families of juvenile offenders. Nebraska is one of the few states that allows juvenile cases to be filed in adult court first and gives prosecutors broad authority in deciding whether to file charges in adult or juvenile court. As a result, some 50% of all juvenile cases are prosecuted in adult court, which can mean long prison terms instead of shorter stays in juvenile facilities.

LB 573 changes provisions relating to an adjustment to income for certain capital gains and extraordinary dividends.

LB 579 provides a duty regarding administration and enforcement of the Nebraska Liquor Control Act.

LB 634 adopts the Wildfire Control Act of 2013, designed to help fight wildfires in rural Nebraska.

Advanced to Second Round:

LB 34 changes provisions of the Nebraska Advantage Act.

LB 90 changes sales tax provisions on the furnishing of electricity service.

LB 255 changes provisions relating to hearsay, child abuse, and offenses relating to morals.

LB 556 creates a pilot program to offer behavioral and mental health screenings to children, using computer technology to connect them remotely with mental health professionals. The program, funded by the University of Nebraska Medical Center, would include three health clinics, with at least one in an urban area and one in a rural setting.

LB 568 regulates individuals and entities applying for an acting as navigators in the state’s health benefit exchange.

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Discussion on the proposed budget bills began this week. The bills that were introduced by Speaker Adams, at the request of the Governor, include LB’s 194, 195, 196, 197, 198, 199, and 200. These bills appropriate funds for salaries of members of the Legislature; salaries of constitutional officers; funds for state government expenses; funds for capital construction and property acquisition; provide fund transfers, create funds and authorize the sale of land; provide for transfers from the Cash Reserve Fund; and provide for deficit appropriations.

Passed into Law:

LB 44 changes sentences for juveniles convicted of first-degree murder. Juveniles could be sentenced to a minimum 40 years to life, with eligibility for parole after 20 years.

LB 69 changes provisions of the Pesticide Act by changing the calculation registration fees.

LB 99 changes provisions relating to racial profiling and review of motor vehicle stops and allegations of racial profiling.

LB 154 redefines road assistance vehicle relating to drivers’ duties to move over. The bill includes utility vehicles in the definition of roadside assistance vehicle, which requires drivers to exercise due care and caution and yield the right of way, to move over, when approaching certain vehicles with flashing lights activated on the road.

LB 223 redefines utility-type vehicles to accommodate new 4-passenger models by increasing the length of vehicles allowable under the definition of utility-type from 135 inches to 180 inches.

LB 277 changes provisions relating to presentation of a false medicaid claim.

LB 329 changes provisions relating to criminal offenses against animals.

LB 377 provides that when a city or village annexes a county road any easements held by the county for road purposes are transferred.

LB 384 establishes a commission to provide oversight, recommendations and transparency regarding implementation and operation of an insurance exchange.

LB 386 clarifies the process counties use to construct, maintain, and improve drainage facilities on public roads to protect private property owners’ interests.

LB 407 changes calculation provisions under the Tax Equity and Educational Opportunities Support Act.

LB 423 amends the Livestock Animal Welfare Act by inserting protocols for the disposition of livestock animals seized under warranted entry in cruelty/neglect instances. It also adds the provisions of LB 544, my bill that requires notification of a confirmed diagnosis of bovine trichomoniasis.

LB 435 (my bill) provides for out-of state brand permits under the Livestock Brand Act.

LB 458 requires general acute hospitals to offer tetanus-diphtheria-pertussis vaccinations to all hospital employees because of their contact with patients or infective material from patients.

LB 459 requires certain health care facilities to offer on-site vaccination services in order to prevent, detect, and control diptheria, tetanus, and pertussis in Nebraska.

LB 476 changes provisions relating to grants for internships. Builds on an existing state program, which awards matching grants to qualified companies that offer college internships.

LB 477 changes the termination date for the Riparian Vegetation Management Task Force from June 30, 2013 to June 30, 2015. I serve on this task force.

LB 493 authorizes transfer of portions of The Cowboy Trail.

LB 500 deals with special stops under the Rules of the Road, to restrict the requirement for a school bus to stop to pick up children only if they have 400 feet of clear vision in each direction of travel, unless there is a posted sign, to school buses stopped outside the city or village limits or on the state highway within a city or village.

LB 553 changes actuarial valuation of retirement systems and school employee retirement provisions.

LB 585 changes provisions relating to learning communities and coordinating councils.

LB 589 clarifies notification provisions for natural gas utility operations under the One-Call Notification System Act.

LB 595 provides for a Public Service Commission study of next-generation 911.

LB 643 allows first and second class cities and villages to determine at what height weeds and grasses and become nuisances.

LB 647 changes cattle identification provisions of the Animal Importation Act.

Advanced to Final Reading:

LB 23 revises and improves the operation of the provider tax for intermediate care facilities for people with developmental disabilities; it includes removing the term “mental retardation” from state law, and replaces it with a more contemporary expression, “intellectual disability”.

LB 296 changes provisions of the educational savings plan relating to income tax reductions and participation agreements.

LB 517 creates the Water Funding Task Force that would organize identified water projects and needs and categorize them into funding areas; creates a map of the projects identified; and recommends to the Legislature project priorities, ranking criteria to identify recommendations, and a permanent structure and process through which funding would be provided.

Advanced to the Second Round of Debate:

LB 66 authorizes cities of the first class to annex certain noncontiguous property.

LB 93 provides for notation of veteran status on drivers’ licenses and state identification cards. It allows the Dept. of Veteran’s Affairs to create a registry to determine eligibility for use by the Dept. of Motor Vehicles. It also creates the Military Honor license plate for current or former members of the branches of the US armed forces.

LB 402 changes power purchase agreement provisions relating to rural community-based energy development. It makes clarifications and redefines a C-BED project as one that may include a low-emission fuel source.

LB 507 Adopts the Step Up to Quality Child Care Act which would require quality standards for providers who get the largest share of that assistance money. Eligibility income level was raised from 125% the first year and 130% the next year.

After the weekend break, we will begin debate of LB 543, Senator Chambers’ bill that replaces the death penalty with a sentence of life without the possibility of parole.

After 10.5 hours of debate, Speaker Adams removed LB 577 (the bill that would expand Medicaid) from the Legislative Agenda. The bill would require the state Department of Health and Human Services to add the adult population newly eligible (between 55,000 and 94,000) under the federal Patient Protection and Affordable Care Act to the state’s Medicaid state plan amendment. It most likely won’t be back for discussion this year.

Passed into Law:

LB 79 changes political accountability and disclosure provisions and repeals campaign finance law.

LB 153 expands the Civic and Community Center Financing Act by adding projects that would qualify for funding under the act.

LB 158 requires those convicted of driving under the influence of alcohol to install ignition interlock devices in their vehicle for a minimum of one year.

LB 388 changes provisions relating to public power and provides for construction of certain transmission lines by an incumbent power district.

LB 495 changes the allocation of the Education Innovation Fund to the Early Childhood Education Endowment.

LB 528 provides for undiagnosed partner treatment relating to sexually transmitted diseases.

Advanced to Final Reading:

LB 69amends the Pesticide Act by changing the calculation of pesticide registration fees.

LB 240eliminates the requirement that an applicant be under 24 years of age to access educational opportunities to meet the self-sufficiency contract and work activity requirement in Aid to Dependent Children.

LB 423 amends the Livestock Animal Welfare Act by inserting protocols for the disposition of livestock animals seized under warranted entry in cruelty/neglect instances. It also adds the provisions of LB 544, my bill that requires notification of a confirmed diagnosis of bovine trichomoniasis.

LB 553 creates a reduced tier of retirement benefits that applies to all school employees hired on or after June 1, 2013.

LB 595 gives the Public Service Commission authority to study Next-generation 911.

Advanced to Second Round:

LB 23 revises and improves the operation of the provider tax for intermediate care facilities for people with developmental disabilities; it includes removing the term “mental retardation” with a contemporary expression “intellectual disability” in state law.

LB 104 gives incentives to companies to develop renewable energy in rural Nebraska. Sources of renewable energy is defined as wind, solar, geothermal, hydroelectric, biomass, and transmutation of elements.

LB 140amends the Airport Zoning Act by redefining airport hazard to include any structure or tree or use of land that penetrates any approach, operation, transition or turning zone.

LB 296 changes provisions of the educational savings plan relating to income tax reductions and participation agreements.

LB 407 changes calculation provisions under the school aid formula – the Tax Equity and Educational Opportunities Support Act – TEEOSA. TEEOSA distributes equalized aid to schools using an equation that determines the schools’ needs, then subtracts their resources.

LB 476builds on an existing state program, which awards matching grants to qualified companies that offer college internships.

LB 483 would let the state take over an existing inmate parenting program that was created by a nonprofit in 2009. Parents in the program are taught relationship and parenting skills.

LB 522 requires the state to provide financial assistance to irrigation districts affected by the Dept. of Natural Resources’ adoption of a regulation prohibiting surface water appropriators from storing or diverting instream flows in order to comply with an interstate compact.

LB 561 expands the Nebraska Juvenile Service Delivery Project statewide.

LB 579 allows the Nebraska State Patrol to hire six new patrol officers and, from the Patrol, designate a minimum of six officers who will spend a majority of their time in enforcement of the Nebraska Liquor Control Act.

LB 583 updates the composition of the Climate Assessment Response Committee and provides duties for the committee.

LB 623 increases dollar limits for county bridge construction and road improvements exempt from the formal bidding requirement, from $60,000 to $100,000; increases dollar limits for county bridge construction and road improvement materials exempt from the formal bidding requirement, from $10,000 to $20,000.

Consent Calendar Bills advanced to Second Round:(A portion of the Agenda in which relatively noncontroversial bills are considered and quickly advanced to the next legislative stage.)

LB 435, my bill that authorizes owners to apply a brand registered in another state provided the cattle are purchased at a licensed livestock auction market, the cattle are branded at that location, the cattle are immediately removed from the state, and an out-of-state brand permit is obtained.

LB 477 changes the sunset for the Riparian Vegetation Management Task Force.

Failed to Advance:

LB 281 amends the Angel Investment Tax Credit Act, which helps ensure that money exists early for small businesses and start-ups. It increases the annual cap for credits from $3 million to $5 million for qualified investors.

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 Every year near the end of the session, the Speaker of the Legislature schedules several nights of working late in order to finish our work. This year, our late nights began at least a month earlier than in previous years. It makes for very long days.

The following are pertinent bills that I feel would have the most interest to those who live in District 42.

Bills Advanced to the Final Stage of Debate:

LB 79 changes political accountability and disclosure provisions and repeals campaign finance laws. This bill was introduced due to a Supreme Court ruling.

LB 153 expands the Civic and Community Center Financing Act by adding projects that would qualify for funding under the act.

LB 158 requires those convicted of driving under the influence of alcohol to install ignition interlock devices in their vehicle for a minimum of one year.

LB 203 changes provisions relating to solid waste under the Environment Protection Act.

LB 263 changes provisions relating to government retirement systems.

LB 265 intends to remove obstacles to foster care placement, facilitating placement in homes where at least one caretaker is known to the foster child.

LB 271 changes the time period from thirty-five days to thirty days before an election, for in-person early voting.

LB 299 changes elections of first class cities when voting on a question to nominate and elect some of the city council members by ward and some at large.

LB 388 changes provisions relating to public power and provides for construction of certain transmission lines by an incumbent power district.

LB 423 changes seizure provisions of the Livestock Animal Welfare Act.

LB 429 requires disclosure of state contracts. Under current law, the State Treasurer is required under the Taxpayer Transparency Act to develop and maintain a website providing information to document the sources of all tax receipts and expenditures by state agencies. LB 429 requires this website to include a link to the website of the Dept. of Administrative Services, where there will be a published copy of each contract for an expenditure of state funds.

LB 528 provides for partner treatment relating to sexually transmitted diseases.

LB 530 overhauls the foster care reimbursement rate system.

LB 629 requires an inclusion of a summary report regarding forgone revenue due to tax incentives and expenditures, within the Governor’s biennial budget submission.

Bills Advanced to the Second Stage of Debate:

LB 44 establishes a new minimum sentencing option for a juvenile convicted of a Class 1A felony (first-degree murder). The only sentencing option currently available for juveniles convicted of such offense is life imprisonment without the possibility of parole. An amendment was adopted that changed the sentence for the crime from 30 years to life, to 40 years to life, with eligibility for parole after 20 years.

LB 57 changes provisions relating to grants from the Nebraska Environmental Trust.

LB 97 adopts the Nebraska Municipal Land Bank Act and authorizes land banks to acquire tax-delinquent properties.

LB 216 would allow certain state wards who have aged out of the foster care system to enter into a voluntary foster care agreement with the state Dept. of Health and Human Services for extended services.

LB 232 increases judges salaries by five percent this year and five percent next year.

LB 269 was introduced in response to reports and studies completed as a result of legislation passed last session. Among other provisions, it would move the Children’s Commission to the Foster Care Review Office; hire a child welfare policy researcher to support the commission’s work; and add the director of the Foster Care Review Office and the inspector General of Child Welfare as voting members of the commission. It would also help Nebraska qualify for more federal foster care money.

LB 306 changes judges’ contribution for retirement.

LB 423 changes seizure provisions of the Livestock Animal Welfare Act.

LB 497 changes distribution and provides for a study of the Education Innovation Fund – an early childhood program for children from birth to age three.

LB 585 provides, changes, and eliminates provisions relating to learning councils.

LB 589 clarifies notification provisions for natural gas utility operators under the One-Call Notification System Act.

LB 595 provides for a Public Service Commission study of next-generation 911.

LB 634A appropriates $1,725,000 for 2013-14 and $1,725,000 for 2014-15 to fund the Wildfire Control Act.

LB 646 changes election provisions for public power districts.

A bill that generated a lot of debate, but did not produce a vote was LB 362. The bill, introduced by Lincoln Sen. Bill Avery would replace the $25 yearly park fee with a $7 car registration fee that would allow any vehicle with Nebraska license plates to enter state parks or recreation areas without permits. Non-Nebraska residents would continue to pay the $25 yearly fee or $5 daily fee. Sen. Avery says that daily maintenance and operational needs along with $30 million in backlogged maintenance raised the possibility of some parks having to close. The revenue from this bill would generate about $12 million a year.

On Tuesday next week, discussion will begin on LB 577, introduced by Lincoln Sen. Kathy Campbell. This bill will require Nebraska Medicaid to add the newly eligible adult population under the Patient Protection and Affordable Care Act to the Nebraska Medicaid state plan; and outlines the health coverage provided under the program. I expect a lot of debate on this issue.

Today was the deadline scheduled by the Speaker of the Legislature for senators to select their personal priority bills. I selected LB 96, a bill that was introduced by Sen. Annette Dubas of Fullerton. LB 96 exempts purchases of repair and replacement parts for agricultural equipment from sales taxes. I chose to prioritize LB 96 because it gives something back to the people of Nebraska and more money is left in the hands of rural Nebraska.

Public hearings of interest included:

LB 181 – prohibits motorcycle passengers less than eight years old.

LB 308 – changes income tax calculations relating to the federal alternative minimum tax; includes the provisions of LB 457 which changes state law on carry forward and calculation of net operating losses by extending the time period.

LB 393 – requires motorcycle or moped operators over 21 to have eye protection; and also allows motorcycle or moped operators over 21 the choice on whether or not to wear a protective helmet. Operators or riders under 21 would still be required to wear a helmet.

LB 436 – my bill that redefines “franchisee” by clarifying that they are not employees, but independent contractors based on the Federal Trade Commission’s definition of a franchise relationship.

LB 439 –increases the cigarette tax from the current level of $.64 per pack to $1.36 per pack and increases the tax on tobacco products other than snuff from 20% of the wholesale price to 31%. The bill also changes the distribution of tax revenue.

LB 447 - provides for sales tax on soft drinks, changes the distribution of sales tax proceeds, and provides funding for projects to help children.

LB 474- changes provisions relating to occupation taxes. The original bill was amended bythe Revenue Committee. The change included having a moratorium on local option sales taxes. In addition, the amendment extended the moratorium on occupation taxes on municipalities.

LB 533 – requires any person, company, corporation, or association which has been conveyed the power of eminent domain must provide notice of specific information to property owners 10 days prior to negotiations.

LB 543 – changes a penalty from death to life imprisonment or life imprisonment without possibility of parole. Senator Chambers has introduced this bill 37 times.

LB 636 – requires individuals applying 2, 4 -D herbicide within the state and outside a village or city between April 15 and September 15 to notify the Department of Agriculture prior to the application.

LB 651 – repeals the property tax levying authority of Nebraska’s six community colleges. The community colleges would be funded by state general funds in the same manner as the University of Nebraska and the Nebraska State Colleges.

Bills Indefinitely Postponed:

LB 191 – Creates the Nebraska Job Creation and Mainstreet Revitalization Act. This bill would have provided an incentive for redevelopment and preservation of historic properties, creating jobs and driving economic development in both rural and urban communities across the state.

Floor Debate included: (Advancement to Second-Round Debate)

LB 153 -expands the uses of the Civic and Community Center Financing Fund to include recreational centers as well as the type of expenses the fund can be used for; and changes the criteria used by the Dept. of Economic Development in evaluating applications.

LB 530 – adopts the Foster Care Reimbursement Rate Committee’s recommended rates for foster care reimbursement. It also directs the Division of Children and Family Services of the Dept. of Health and Human Services to create a pilot program implementing the standardized level of care assessment tools recommended by the Foster Care Reimbursement Rate Committee.

LR41CA – a Constitutional Amendment that would allow betting on historical horse races at Nebraska’s thoroughbred race tracks. If this measure is passed by the Legislature,it would be placed on the ballot for voter approval.

Full day floor debate is tentatively scheduled for Wednesday, March 27^th.

Since Governor Heineman asked the Revenue Committee to indefinitely postpone his tax proposals, LB 405 and LB 406, new legislation has come into the forefront that would address our state’s tax structure. LB 613 was introduced by Sen. Schumacher of Columbus. The bill creates the Tax Modernization Committee. This committee will conduct a comprehensive study of our entire tax system. Public hearings will be held across the state compiling additional recommendations from the public. After examination of past studies and public hearings, the committee will issue a report of its findings to the Legislature by December 13^th of this year containing any recommendations for legislation.

Floor debate:

LB 6 creates the Nebraska Commission on Problem Gambling consisting of 9 members whose responsibilities include developing guidelines and standards for the operation of the Gamblers Assistance Program and to direct the distribution and disbursement of money in the Compulsive Gamblers Assistance Fund. (On General File)

LB 52 gives authority to the Director of Corrections to enter into contracts for the provision of labor services by those individuals incarcerated at the McCook Work Camp with any charitable, fraternal, or nonprofit corporation as long as the labor provided serves a public need. (After being filibustered by Senator Chambers, this bill was taken off the Agenda)

LB 225 requires that in all birthing facilities in Nebraska the attending physician of a newborn shall screen or cause the critical congenital heart disease screening on newborns. (Placed on Final Reading)

LB 499 gives the Game and Parks Commission the authority to pass, by majority vote, commission orders which govern conservation orders, seasons, open and closed areas, and bag limits. These orders would replace current rules and regulations in these areas. A public hearing is required on each proposed order and no order is valid until 15 days after such order has been posted on the Commission’s web site. (Placed on Select File.)

Public hearings this week included:

LB 101 reduces the valuation of agricultural and horticultural land for school district taxation purposes by 2% per year for five years. The land would remain valued at 75% for other taxation purposes; and

LB 145 provides for a reduction in the valuation of agricultural land and horticultural land for the purposes of property taxation from the current reduced rate of 75% to 65%.

LB 110 changes the date a homeowner can be eligible for a homestead exemption. Current dates of eligibility is ownership from January 1 through August 15. The bill changes this so that the owner is determined on January 1.

LB 154 includes utility vehicles in the definition of roadside assistance vehicle, which requires drivers to exercise due care and caution and yield the right of way to “move-over”, when approaching certain vehicles with flashing lights activated on the road.

LB 258 prohibits school bus drivers from using any type of cell phone whenever the vehicle is in motion. Dispatch communication devices are allowed.

LB 266 repeals the authorization for cities to raise their sales taxes, with a vote of the people.

LB 348 requires the county assessor to utilize an income-approach calculation when determining the assessed value of a rent-restricted housing project. The county assessor is also required to use a capitalization rate provided by the Nebraska Investment Finance Authority when using the income-approach calculation.

LB 428 removes the prohibition on certified nurse midwives from attending home births. Certified nurse midwives would still have to operate under the supervision of a licensed practitioner who would have to authorize the home birth.

LB 505 requires health insurance plans sold in the state after January 1, 2014 to provide coverage for the screening, diagnosis and treatment of autism spectrum disorder for persons under 21.

LB 531 repeals the Build Nebraska Act, which distributes one-quarter of one percent of state sales and use tax proceeds to the State Highway Capitol Improvement Fund and the Highway Allocation Fund beginning on July 1, 2013.

LB 544 (my bill) requires an owner/manager of cattle diagnosed with Bovine Trichomoniasis to notify adjacent landowners and report to the Department of Agriculture within 14 days.

LB 577 requires Nebraska Medicaid to add the newly eligible adults – people 19 to 64 with incomes of as much as $15,856 for an individual and $26,951 for a family of three – to Medicaid rolls under the federal Affordable Care Act.

LB 593 allows the State Board of Education to issue charters and create schools independent of the school district in which they are located. Creation of these charter schools would be limited to the boundaries of Class V school districts.

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 There had been a lot of speculation as to who the Governor might appoint as the new Lieutenant Governor – well he surprised all of us this week with his announcement of former Senator Lavon Heidemann, who was just elected to the University’s Board of Regents. I think Senator Heidemann is an excellent choice and will do a great job as Lieutenant Governor.

Last week the Revenue Committee held public hearings on Governor Heineman’s tax reform plan. The hearing on LB 405 lasted late into the evening and testimony was accepted by anyone who wished to testify. Many people from across Nebraska had the opportunity to express their views on the proposals. LB 405 eliminates individual and corporate incomes taxes and pays for it by reinstating $2.4 billion in existing sales tax exemptions; and LB 406 eliminates approximately $395 million in sales tax exemptions, eliminates the corporate income tax and exempts the first $12,000 of retirement income for married couples and $6,000 for single individuals. Both bills exempt food from taxation. The Committee is still deliberating on this complex issue and has not taken any action on either bill.

This week’s list of public hearings included:

LB 10 and LB 189 both deal with seat belts. LB 10, introduced by Senator Bob Krist of Omaha, requires all occupants in the motor vehicle to use a seatbelt. LB 189, introduced by Senator John Harms of Scottbluff,makes not using a seatbelt a primary offense and increases penalties.

LB 118 makes texting while operating a motor vehicle a primary offense instead of what is currently a secondary offense.

LB 351 establishes that a cognitive test be used at the Department of Motor Vehicles as a screening tool for persons 80 and above.

LB 437 (my bill) proposes to transfer safety inspection programs for boilers, elevators and amusement rides from the Department of Labor to the State Fire Marshall’s office.

LB 530 adopts the Foster Care Reimbursement Rate Committee’s recommended rates for foster care reimbursement. As written, the bill has a fiscal note of $2.1 million.

LB 556 requires the provision of telehealth medical and behavioral health services for children in public schools.

LB 590 allows betting machines for historic horse races at Nebraska’s thoroughbred race tracks.

LR41CA is a constitutional amendment that places allowing betting machines for historic horse races on the ballot for voter approval.

LB 605 requires the Department of Health and Human Services to create a Telehealth Behavioral Health Services Program.

The Education Committee held public hearings on several measures dealing with the state aid formula. LB 505 changes the elementary class size allowance. LB 604 changes computation of the cost growth factor relating to state aid to schools. LB 357 changes a budget limitation exemption under the Tax Equity and Educational Opportunities Support Act.

Next week the Agriculture Committee will have public hearings on bills related to the Livestock Brand Act. LB 654 provides that the brand inspection area encompasses the entire state; LB 647 changes cattle identification provisions of the Animal Importation Act; LB 435 (my bill) provides for out-of-state brand permits; and LB 587 changes the Livestock Brand Act by listing what a brand inspector can accept as evidence of ownership.

Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

February 1, 2013

Public hearings for all committees began last week and they started out with several issues that may be of interest to you. They include:

LB 5 exempts social security benefits and military retirement income from income taxation.

LB 13 requires radon resistant construction for new residential construction.

LB 15 updates portions of the Nebraska Pesticide Act by adding statutory definitions for both aerial pesticide applicators and businesses and allowing alleged violations against aerial pesticide applicators to be referred to the Department of Aeronautics.

LB 17 and LB 74 exempts social security benefits from state income taxation.

LB 58 adopts the Workplace Privacy Act which will restrict employers from requesting or requiring that employees or applicants provide an employer with account information so that the employer can access their private social networking site profile or account.

LB 60 removes Knox County from the brand inspection area.

LB 65 authorizes counties to set sheriff’s fees and commissions.

LB 75 and LB 176 exempts military retirement benefits from taxation as prescribed.

LB 116 provides requirements for dual-enrollment courses.

LB 128 creates the offense of disarming a police officer.

LB 132 adopts the Skin Cancer Prevention Act which will reduce the risk of preventable skin cancers by making it unlawful for an owner or a lessee of a tanning facility to allow a person less than 18 years old to use tanning equipment at a tanning facility.

LB 173 will allow for state ID’s from all states to be used to establish proof of age for the purpose of purchasing or consuming alcoholic liquor.

LB 180 provides for a waiver of education-related fees for dependents of veterans.

LB 185 authorizes state assistance in the form of a loan of $40 million for streamflow enhancement projects undertaken by natural resources districts (NRDs). This bill directly affects the natural resources district in Lincoln County. It is a bill similar to LB 1094 (2008), which loaned $9 million to NRDs to pay water right holders who agreed to lease and forgo water use to assist in meeting state compliance with the Republican River Compact, because the NRDs were unable to use their bonding authority to pay the water right holders, due to a lawsuit. LB 185 requires that the loan be repaid by June 30, 2018.

LB 216 provides financial and other assistance for young people transitioning from state foster care to independent adulthood.

LB 227 excludes retirement benefits from state income taxation.

LB 238 exempts social security and certain retirement benefits from state income taxation.

LB 249 adds an exemption to hours of service requirements for transport of agricultural commodities or farm supplies within 150 miles of the source, wholesale or retail distribution point, during planting and harvesting season.

LB 265 allows foster children to access kinship and relative foster care more easily.

LB 297 adds benefits for mental injury for coroners acting as first responders.

This session I have introduced five bills. They are:

LB 251 increases a fee that rental companies charge for renting private motor vehicles for less than 30 days.

LB 435 authorizes a one-time use of a brand registered with a state other than Nebraska to brand cattle imminently being exported out of Nebraska.

LB 436 clarifies that franchisees are not employees but independent contractors based on the Federal Trade Commission’s definition of a franchise relationship.

LB 437 transfers safety inspection programs from the Department of Labor to the State Fire Marshall’s office.

LB 544 provides for waivers of privilege to veterinarians who release information about the risk to adjacent livestock for exposure to bovine trichomoniasis.

I will provide additional information on each of them as the session progresses.

The Legislature’s Committee on Revenue (of which I am a member) will hold hearings onLB 405 and LB 406, both introduced by Senators Beau McCoy and Brad Ashford on behalf of Governor Heineman. LB 405eliminates approximately $2.4 billion in sales tax exemptions and the result is the total elimination of both the individual income tax and the corporate income tax.LB 406eliminates approximately $395 million in sales tax exemptions, eliminates the corporate income tax and exempts the first $12,000 of retirement income for married couples and $6,000 for single individuals.Both bills exempt food from taxation. I expect there will be a number of people coming to testify on those bills.

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Over the Fence
A bi-weekly newsletter from Senator Tom Hansen
thansen@leg.ne.gov

March 23, 2012

Speaker of the Legislature, Senator Mike Flood began scheduling early morning start times and late night sessions this week. We needed it too! The amount of work we need to complete by April 12th is important to the future of the people of the state of Nebraska and we need time to understand all the ramifications of each piece of legislation.

FLOOR DEBATE (First Round): All were advanced to the Second Round

LB 715 changes current requirements that guide the Public Service Commission when a customer makes a boundary change request to change from one local telephone company to another local telephone company.

LB 806 authorizes the State Racing Commission to regulate wagering on historic horseraces.

LB 824 adds to the Liquor Control Act a definition for Flavored Malt Beverage.

LB 858 imposes additional requirements upon agencies seeking to enter into contracts for services that are in excess of twenty-five million dollars.

LB 905 changes the Nebraska Wheat Resources Act. It would change the check off from one and one fourth cent per bushel to five tenths percent of the net market value of wheat.

LB 970 is Governor Dave Heineman’s tax-cut plan. The compromise proposal is tax relief aimed at the middle class income taxpayers. The tax cuts would cost about $56 million annually when fully implemented. That is less than half as much as the governor’s original plan, which would have cost $130 million a year. Under the new plan, the tax cut would amount to $67 a year for a married couple with $50,000 in adjusted gross income and a $145 tax break for couples with $100,000 incomes or more.

LB 959 provides immunity to an employer who discloses factual information during a reference check.

LB 1053 creates the Nebraska Tourism Commission and transfer powers and duties from the Travel and Tourism Division of the Department of Economic Development.

LB 1057 changes the Nebraska Corn Resources Act by increasing their checkoff to five tenths of a cent per bushel.

LB 1063 clarifies the meaning of the term medically necessary for purposes of the medical assistance program for children under twenty-one years of age and to ensure children obtain needed services; (2) Prohibit certain diagnosis-based exclusions; and (3) Preserve family units by ensuring that children eligible for the medical assistance program receive necessary health care services and treatment.

LB 1080 relates to data centers and exempts sales and use taxes on tangible personal property that is shipped to and assembled in Nebraska, but following assembly, is shipped outside the state to be placed in to service at a physical location outside Nebraska. The bill also clarifies that such temporary property is exempt from personal property tax.

LB 1097 provides a sales and use tax exemption for purchases made by any nonprofit mental health center that is licensed under the Health Care Facility Licensure Act.

LB 1114 adds language which allows cities to qualify for 20% of their original equalization aid without complying with the minimum levy provisions of the current law.

LB 1128 adopts the New Markets Job Growth Investment Act and is modeled after the federal New Markets Tax Credit program, administered by the United States Department of Treasury. The bill is intended to encourage and support the development of new investments

in lower income rural and urban areas.

LB 1145 changes and provide provisions and penalties relating to human trafficking and pandering. It would provide for the forfeiture of assets involved in human trafficking. The bill would require the posting of signs, the establishment of a commission, and the training of certain officials regarding human trafficking.

FLOOR DEBATE (Second Round): All were advanced to Final Reading

LB’s 131, 968, 969 – Budget bills. LB 131 transfers $1 million from the Cash Reserve Fund to the Affordable Housing Trust Fund; and transfers $80 million from the Cash Reserve Fund to the Nebraska Capital Construction Fund for certain University of Nebraska, Nebraska State Colleges capital construction projects and for a state contribution to the Centennial Mall project. LB 968 appropriates $10 million to special education; cuts unspent funds of $245,000 from Community Corrections; eliminates $2 million in Medicaid – although there will be no reductions in benefits or services. LB 969 cuts $2.8 million in unneeded final payments from the EPIC funds. The cuts made to the budget bills were needed to help fund the first year of implementing LB 970.

LB 1072 provides for payment of claims against the state.

CONSENT CALENDAR (First Round): All were advanced to Second Round

Consent Calendar is a portion of the agenda in which relatively noncontroversial bills are considered and quickly advanced to the next legislative stage. A bill on consent calendar can be debated for no more than 15 minutes. Upon either the completion of debate or the expiration of 15 minutes, whichever comes first, a vote shall be taken to advance the bill and on any pending motions or amendments pursuant to the Rules of the Legislature.

On Thursday, the Speaker scheduled the first Consent Calendar. The 59 bills covered subjects from defining a police dog to mini trucks, to who can sign a death certificate and several technology changes made in the area of state government. Also a bills allowing the display of an honor and remember flag at public buildings; background checks for adoption; fireworks stands and displays; and blood lead testing in high risk areas.

Additionally on Consent Calendar, was LB 1030 a bill I introduced which requires a motor vehicle driver to stay at least three feet away when passing a pedestrian, bicycle or electric personal assistive mobility device.

Have a great weekend!