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!

Over the Fence
A bi-weekly newsletter from Senator Tom Hansen
thansen@leg.ne.gov
March 9, 2012

Because of all the telephone calls I received this week with misinformation about my position on certain issues, I thought I would reiterate that I provide this newsletter to keep you updated about what the Legislature does as a whole body. It is not intended to reflect my personal view. You can contact me at 402-471-2729 or thansen@leg.ne.gov and I will gladly answer any questions you may have.

FLOOR DEBATE (First Round):

LB 1067 would have allowed keno parlors to take bets on games every 3 minutes instead of every 5 minutes. This bill failed to advance from first-round debate.

LB 907 increases the minimum horsepower of an agriculture tractor that is required to be permitted, tested and approved from 40 or more to 100 or more. It also prohibits the purchaser of any current tractor model, regardless of horsepower, from claiming an exemption from sales and
use tax as agricultural machinery unless the current tractor model has been permitted and tested.

LB 863 makes explicit the eligibility of businesses which produce films, commercials and television programs for consideration under the Local Option Municipal Economic Development Act (LB840, 1991).

LR 373CA A constitutional amendment that would change the annual legislative salaries from $12,000 to $22,500.

LB 782 Requires that reports submitted to the Legislature be submitted electronically. A cost-saving measure.
LB 1039 relates to violations of school bus safety requirements. The bill establishes a mandatory $500 penalty for a school bus safety violation and provides for points to be assessed on a motor vehicle operator’s license for persons guilty of a violation.

LB 1090 provides up to $140,000 in grants to Summer Food Service Programs in high need areas in Nebraska with a preference to programs with educational and or physical enrichment activities. These one-time grants would develop sites that could serve federally funded meals during the summer in an on-going manner.

LB 1079 provides grant funding for bridge programs, which are educational partnerships that assist students in obtaining academic, employability, and technical skills needed to enter and succeed in postsecondary education and training and the labor market.

LB 806 amends the current law to authorize the State Racing Commission to license and regulate pari-mutuel wagering on historic horse races. A Judiciary Committee amendment was adopted but we adjourned before a vote could be taken to advance the bill.

LB 998 eliminates the Foster Care Review Board and creates the Foster Care Review Office. The Foster Care Review Office would be in the Legislature and responsible for carrying out the provisions of the Foster Care Review Act. The bill provides for an Executive Director and any other employees authorized by the Health and Human Services Committee.

FLOOR DEBATE (Second Round):

The package of bills introduced from the recommendations of the LR 37 Committee (LB 820, LB 821, LB 949, LB 961, and LB 1160) were advanced to the final stage of debate. The LR 37 Committee was formed to investigate and make recommendations to improve the child welfare system in Nebraska. The bills asked for a total of $3.8 million.

LB 861 removes the prohibition of selling alcoholic liquor from the hours of 6 am to 12 noon on Sunday.

LB 735 permits governing bodies of community colleges and certain public power districts to hold meetings by videoconferencing or telephone conference.

LB 209 allows a delay of unusually large city sales tax refunds due to an incentive
credit refund, and an installment payment plan of refunds withheld by the state from sales tax receipts remitted to cities.

BILLS WE PASSED INTO LAW:

Two bills that will help Lincoln County attract large data centers – LB 1043 authorizes public power to negotiate rates for certain contracts. Incentive electric rates were created as an economic development tool that could be used to encourage businesses with high electrical loads to locate in Nebraska. This bill would enable eligible businesses to count on a negotiated energy rate for up to five years without the risk of a general retail rate increase. And LB 1118 changes the Nebraska Advantage Act to provide qualification requirements and tax incentives for a new type of tier 2 project under the act.

LB 473 adopts the Black-Tailed Prairie Dog Management Act.

LB 446 changes duties and funding provisions relating to educational service units.

LB 759 requires petition circulators be 18 years of age or older.

LB 790 transfers a county court judgeship to another district.

LB 686 provides exceptions from the Veterinary Medicine and Surgery Practice Act for transplantation of bovine embryos.
And finally, LB 860, a bill I introduced on behalf of the Lincoln County Sheriff’s office that would change the number of hours needed to obtain a computerized voice analysis stress analysis license.

Have a GREAT weekend!
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Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

February 24, 2012

We have reached the half way point in the session and it always seems like the second half goes faster than the first half because of the tremendous amount of work that needs to be completed. Committees finished up with public hearings this week, so full-day floor debate begins on Monday.

The Appropriations Committee is still working on finalizing budget recommendations that will be presented to the full legislature for consideration. One item we completed was voting $1 million of Nebraska’s projected $8.8 million share of the mortgage foreclosure abuse settlement be transferred from the state Cash Reserve Fund to the Affordable Housing Trust Fund in the Department of Economic Development. It’s a tough balancing act to fund state government with the revenue we have available. Many of our decisions will depend on the findings of the Nebraska Forecasting Advisory Board.

Last week Senators and Committees made their selections of priority bills. My priority for this session is LB 799, which changes penalties for child abuse. It clarifies that negligent child abuse that does not result in serious bodily injury or death is a Class I misdemeanor. The bill establishes the penalty for negligent child abuse that results in serious bodily injury as a Class I felony. If the bill is enacted, negligent child abuse resulting in the death of a child will be a Class II felony.

In floor debate this week:

LB 735 allows for public meetings of a community college board of governors to be held by video conference or telephone conference.

LB 209 provides a mechanism for delaying local option sales taxes due a job credits claimant. The city would be given one years notice of refunds to be paid under the bill.

LB 996 requires attendance at a K-12 school mandatory until the age of 18 unless the child has obtained a high school diploma or completed a course of instruction at a private, denominational or parochial school that elects not to meet accreditation or approval requirements as required by law. LB 996 repeals an exception that allows children who have reached the age of sixteen to drop out of school if the child has the written consent of their guardian or parent.

LR 358CA a constitutional amendment that changes legislative terms from two to three.

LB 830 clarifies that biochips used for genetic and/or protein analysis of production livestock, commercially produced plants, companion animals and research animals are not subject to state or local sales and use tax.

In public hearings this week:

BANKING:

LB 835 establishes the health benefit exchange within the Department of Insurance (DOI). The exchange is to operate under the supervision and control of an eleven member board, with three ex-officio nonvoting state agency directors or representatives from the DOI, Medicaid and Long-Term Care, and Children and Family Services. The board shall employ an executive director who is responsible for the administrative operations of the exchange. The Tax Commissioner, Auditor of Public Accounts and the Attorney General shall make available to the board such personnel, facilities and other assistance as needed.

LB 838 authorizes the Director of the Department of Insurance to establish a health benefit exchange to facilitate the purchase and sale of health plans; provide for a SHOP exchange for employers of 100 or less employees; and, meet the requirements of the federal Patient Protection and Affordable Care Act.

EDUCATION:

LB 1084 seeks to allow public hunting, fishing, and fur harvesting on school lands owned by the Board of Educational Lands and Funds, subject to the Game Law and rules promulgated by the Board of Educational Lands and Funds with respect to public safety and land use.

JUDICIARY:

LB 785 provides clear guidelines for the transportation and storage of firearms in vehicles in publicly accessible parking lots throughout the State of Nebraska.

LB 914 provides for a reduction of time on the sex offender registry, from twenty-five to ten years, for those individuals convicted under the section used for statutory rape convictions, if that individual was twenty years old at the time of the offense and the victim was 15 years old at the time of the offense. The victim would have to demonstrate that the sexual penetration would have otherwise been consensual.

LB 1056 would solve the problem noted by the Supreme Court by clarifying service and notice of both harassment and domestic abuse protection orders.

LB 1153 establishes a process for the Department of Health and Human Services to provide court-ordered services or treatment for a juvenile if a service coordinator or a contracted provider fail to do so in a timely manner.

NATURAL RESOURCES:

LB 756 provides public access to documents related to major oil pipelines.

LB 1044 requires the Nebraska Public Service Commission to enter into a Federal/State partnership to have the PSC enforce federal safety standards for hazardous liquid pipelines. Under the terms of the partnership the federal government pays for 80% of the costs of state inspectors.

 REVENUE:

LB 753 creates funds and provides funding for childhood obesity prevention measures through sales taxation of soft drinks.

Have a great weekend!     

Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

February 10, 2012

This week I introduced LB 1030 on behalf of several individuals in the district that experienced serious and even fatal motor vehicle accidents. The bill amends the Rules of the Road by requiring motor vehicle drivers to leave a distance of no less than three feet clearance to avoid colliding with a pedestrian, bicycle or electric personal assistance mobility device when traveling in the same direction. More and more citizens are making choices to use alternate modes of travel either for exercise or because the price of gasoline is rising. This bill attempts to make motorists aware of the rights of pedestrians or bicycles traveling on our roads and also attempts to protect them from careless drivers. If enacted, motorists convicted of violating the law would be guilty of a traffic infraction and would be fined $100 to $300, depending upon the frequency of the offense in one year’s time.

In floor debate this week:

LB 646 redefines emergency medical service.

LB 540 requires a medicaid waiver relating to family planning services. Changes were made to the original bill which included an amendment preventinganyfunding to an abortion provider (such as Planned Parenthood) that performs elective abortions.

LB 473 adopts the Black-Tailed Prairie Dog Management Act.

LB 612 increases the statute of limitations for those suffering injury from sexual assault as a child.

LB 391 creates the Nebraska Invasive Species Council which addresses growing concerns about harmful invasive species.

LB 40 creates a new sales tax exemption for certain nonprofit health clinics.

LB 800 provides that the appraised value used for purposes of sales of educational land at public auction would be determined by the Board of Educational Lands and Funds.

LB 446 would limit single district educational service units to those consisting of a Class IV or V school district and require the ESU’s to participate in statewide projects managed by the ESU Coordinating Council. It would also require ESU’s to meet such requirements or to have at least 4 districts in order to levy a property tax.

LB 841 changes law to make it in compliance with federal rules and regulations in regards to the permitted length of vehicles, the distance they may be operated, and how many days per year a continuous permit to move agricultural projects may be issued. By not making these changes, Nebraska stands to lose $24 million of federal highway funds per year as a penalty for non-compliance.

LB 1118 provides tax incentives for large data center projects.

LB 946 was passed by the Legislature. It adopts the Community College Aid Act.

In hearings this week:

APPROPRIATIONS:

LB 1017 transfers $3,500,000 from the General Fund to the Affordable Housing Trust Fund in 2012-13.

The Committee has completed their hearings and now will convene in Executive Sessions to review all the testimony and issues to date. After briefings with Legislative Fiscal staff, the Committee will make their final decisions as to what they will recommend to the full Legislature for changes to the budget. The deadline for getting the budget bills to the Floor is March 7^th.

EDUCATION:

LB 990 requires the display of the flags of the United States and the State of Nebraska in each classroom of the public schools. It also requires leading all pupils in a group recitation of the Pledge of Allegiance to the flag of the United States each school day.

LB 991 directs the Education Committee to study the costs and effects of requiring single countywide districts in each of Nebraska’s 93 counties.

EXECUTIVE BOARD:

LR 373CA as amended, is a Constitutional Amendment that changes annual legislative salaries to twenty two thousand five hundred dollars.

GOVERNMENT, MILITARY AND VETERANS AFFAIRS:

LB 1094 allows counties with 10,000 or fewer inhabitants to vote on whether they would like to switch to an all vote-by-mail system.

LB 1014 authorizes the Auditor of Public Accounts to conduct a performance audit of the Department of Roads.

HEALTH AND HUMAN SERVICES:

LB 949 requires reports and a strategic plan by the Division of Children and Family Services of the DHHS.

JUDICIARY:

LB 919 increases the fees charged and collected by sheriffs for services they are required to provide by state law. It also increases court fees for the Nebraska Retirement Fund for judges and for all civil cases to be credited back to the county of the judicial district in which the case was filed.

LB 1021 requires specific acts of negligence to be plead in a civil action based on motor vehicle collisions with livestock.

LB 1086 provides an additional ground for seeking grandparent visitation.

NATURAL RESOURCES:

LB 796 adopts the Outdoor Outfitters and Guides Registration Act.

REVENUE:

LB 1061 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.

LB 1102 changes inheritance tax rates and exemption amounts.

TRANSPORTATION AND TELECOMMUNICATIONS:

LB 893 provides for Nebraska Armed Forces Pride Plates.

LB 894 provides that a spouse of a survivor of Pearl Harbor, prisoner of war, disabled veteran or purple heart recipient may continue to use or apply for military specialty license plates after the death of the veteran.

LB 1095 allows a person to apply for a license plate that would have a black background, white lettering and the words, “The Beef State”.

Have a great weekend!

Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

January 27, 2012

At the end of the 10-day limit of bill introductions, 467 bills had been introduced including 6 Constitutional Amendments. Since then, 7 bills have been withdrawn.

Last week I introduced a bill before the Government, Military and Veterans Affairs Committee on behalf of the Lincoln County Sheriff’s Department. LB 860 would make it possible for Nebraska law enforcement agencies to have trained Computer Voice Stress Analysis (CVSA) examiners. A CVSA is another instrument that trained professionals can use to detect if a suspect is lying or not. Current law in Nebraska requires a person to be trained for 150 classroom hours. The national standard is 60 hours. The law makes it impossible for anyone to obtain a Nebraska license. LB 860 reduces the classroom hours to 60. The CVSA has a number advantages over a polygraph system. The length of training is only 6 days compared to 8 weeks for polygraph training – therefore it would reduce the expenses for room and board for a law enforcement agency. Plus, tuition is less than half of what it costs to train for a polygraph system. Drugs, medical conditions or age do not affect the testing and there are no known countermeasures that can defeat the CVSA system. It was a good hearing and I appreciated our county law enforcement being there to testify!

 Infloor debate this week:

LB 418 dealt with robo calls. After 8 hours of debate a cloture motion was called and it failed to get the required number of votes, the bill is now dead.

LB 60 dealt with compliance checks for sales of alcohol. This bill takes away the ability to perform a sting operation.

LB 304 dealt with treatment of sexually transmitted diseases. This bill tried to eliminate doctor liability for STD antibiotics dispensed through lay persons. It failed to advance.

LB 459 makes sure that no political subdivision can define animals other than personal property.

LB 473 adopts the Black-Tailed Prairie Dog Management Act. It asks counties to help monitor control efforts of prairie dogs.

LB 19CA provides that misdemeanors related to election to office are grounds for impeachment

LB 276 changes the penalty from death to life imprisonment without possibility of parole. Senator Council, the introducer, asked that the bill be Indefinitely Postponed.

 In hearings this week:

APPROPRIATIONS:

LB 808 funds the Ashland dam project (was Indefinitely Postponed)

LB 859 funds $1.2 million for the Centennial Mall project

BANKING, COMMERCE AND INSURANCE:

LB 943 adopts the Insured Homeowners Protection Act.

EDUCATION:

LB 946 adopts the Community College Aid Act. Mid-Plains Community College will lose $400,000 under this new formula.

 GOVERNMENT, MILITARY AND VETERANS AFFAIRS:

LB 923 adopts the Nebraska Buy American Act. This would add about 10% to the cost of contracts and subcontracts.

LB 735 provides that public meetings of a Community College Board of Governors can be held by video conference or telephone conference which will be a cost savings to the College.

HEALTH AND HUMAN SERVICES: Heard three of several bills that grew out of the Legislature’s LR 37 examination of child welfare reform in the state:

LB 874 would require persons providing foster care who are not related to a child by blood, marriage or adoption to have a foster care license.

LB 961 would return case management of state wards to the Department of Health and Human Services from private contractors KVC and Nebraska Families Collaborative by June 1, 2013 and that caseloads be reduced by 10% a year until the standard set by the Child Welfare League of America is met.

LB 957 would establish the Office of Inspector General of Nebraska for child welfare.

JUDICIARY:

LB 802 would authorize carrying of concealed handguns by certain authorities within the scope of their employment, for instance it would allow County Attorneys and their Deputies to carry concealed weapons.

LB 972 transfers the youth rehabilitation and treatment centers from the Office of Juvenile Services to the Department of Correctional Services. Lincoln County Judge Turnbull has asked that Lincoln County be a part of this probation program.

REVENUE:

LB 830 provides a sales and use tax exemption for biochips.

LB 745 requires a vote of the public for municipal occupation taxes.

LB 970 terminates the inheritance tax and changes income tax rates and calculations.

 TRANSPORTATION AND TELECOMMUNICATIONS:

LB 724 changes commercial driver medical examiation provisionjs and prohibits texting while driving a commercial motor vehicle.

LB 803 requires presenting a driver’s license and proof of insurance to a peace office by a driver involved in an accident and mandates impoundment of the vehicle in certain situations.

 Coming up next week in hearings:

APPROPRIATIONS:

LB 1066 appropriates planning funds for a new Veterinary Diagnostic Center at the Institute of Agriculture and Natural Resources. It is part of a $91 million package of Capitol Construction costs for the University of Nebraska’s Healthier Nebraska initiative.

NATURAL RESOURCES:

LB 1043 eliminates provisions relating to public power contracts or agreements for discounted rates.

LB 1081 permits landowners to hunt antlerless deer to prevent additional crop damage.

REVENUE:

LB 1098 repeals the Build Nebraska Act, eliminates a fund and changes distribution of sales tax. It would take away $70 million from rural Nebraska road projects.

LB 1118 provides tax incentives for large data center projects.

This has been a busy two weeks here in Lincoln at the State Capitol! Let’s all have a great weekend!

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Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

 January 13, 2012

The 102^nd Legislature, Second Session convened on January 4^th at 10:00 a.m. as stated by the Nebraska Constitution.

The first ten days of the Session generally include the introduction of new bills; and the adoption of permanent rules to guide the process of the Legislature. Thus far this session, 290 bills have been introduced. On Thursday, Governor Heineman gave his State of the State address.

In the even numbered years we are in session for 60 days, therefore, the Speaker of the Legislature has scheduled April 12^th as the day we will adjourn.

I intend to publish a newsletter every other week to let you know about legislation that is of interest to the constituents of Legislative District 42. If you have questions about those bills or others that I don’t mention please contact me at thansen@leg.ne.gov or you can call my office at 402-471-2729 and if I am not immediately available, my staff will be glad to assist you. Of course you can get also get a lot of information from the Legislature’s website at http://nebraskalegislature.gov/index.php.

 Here is a list of several bills introduced during the first seven days of the Session:

LB 717 and LB 720 are bills that deal with school boards.

LB 724 Changes commercial driver medical exam provisions and prohibits texting while driving a commercial motor vehicle.

LB 728 and LB 777 are bills that deal with the Attorney General’s donation to We Support Ag.

 LB 803 Requires presenting a driver’s license and proof of insurance to a police officer by a driver involved in an accident and mandates impoundment of the vehicle in certain situations.

LB 835 and LB 838 deal with health insurance.

LB 870 Provides for an accountability system to measure school performance under the Quality Education Accountability Act.

LB 884 Creates the Agricultural Literacy Task Force consisting of the Chairs of the Education Committee and the Agriculture Committee, the Commissioner of the Department of Education and the Director of the Department of Agriculture.

LB 888 Adopts the Historic Property Restoration and Reuse Act and authorizes an income tax credit.

LB 903 Exempts youth sports from sales and use tax.

LB 913 Changes base limitation provisions and certain dates relating to the Tax Equity and Educational Opportunities Support Act.

LB 917 and LB 933 Changes truancy provisions.

LB 935 Changes grandparent child visitation provisions.

LB 946 Adopts the Community College Aid Act.

LB 956 Authorizes an increase to 1¾% or 2% of city sales tax.

LR 358CA (Carlson) A Constitutional Amendment that would change legislative term limits from two terms to three terms.

LR 373CA (Lautenbaugh) A Constitutional Amendment that would change the salaries of members of the Legislature from $12,000 a year to $32,000 a year.

 Last year a legislative committee was formed that reviewed, investigated and assessed child welfare reform. Several bills have been introduced that came about from the recommendations the committee reported to the Legislature. Those bills are:

LB 774 Changes and adds reporting requirements.

LB 820 (Health and Human Services Committee) Provides for a foster care demonstration project.

LB 821 (Health and Human Services Committee) Creates the Nebraska Children’s Commission and requires legislation to create the Department of Children’s Services.

LB 837 Creates a task force to review use of certain drugs by wards of the state.

LB 842 Changes the termination date relating to self-sufficiency activities under the Welfare Reform Act.

LB 874 Changes foster care licensure provisions.

LB 925 Provides duties for the Department of Health and Human Services relating to contracts with providers under Budget Program No. 514, Health Aid.

LB 926 Provides for a minimum base rate for foster care payments.

LB 929 Provides that members (or their employers) of the Foster Care Review Board cannot receive funds from the Department of Health and Humans Services.

LB 957 (Health and Human Services Committee) Adopts the Office of Inspector General for Nebraska Child Welfare Act.

 In the coming weeks I will keep you updated on these and future bills.

Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

May 27, 2011

This is my final newsletter for the year.  Below you will find a number of bills I think may interest you and have an impact on Legislative District 42.  They are just a small portion of the 704 bills introduced this session.

My legislative staff, Barb and Jill, are in the office throughout the interim.  If you have questions or concerns about these bills or any other state-related issue, don’t hesitate to contact my office to ask for their assistance.

Finally, I want to thank everyone who wrote to express their opinions on legislation to help me make the best possible decisions for District 42 and for Nebraska.      

Bills that were passed and signed by the Governor:

LB 22 – Adopts the Mandate Opt-Out and Insurance Coverage Clarification Act.  The act allows opting out of allowing qualified health insurance plans that cover abortions to participate in health insurance exchanges within Nebraska and limits the coverage of abortions in all health insurance plans, contracts, or policies delivered or issued for delivery in Nebraska.

LB 84 – Roads and maintenance funding.

LB 142 – Changed campaign statement and report filing provisions by allowing political candidates to accept contributions of up to 75% of the spending cap for their races from non-individuals.  The limit was 50%.  Was the most debated bill – other than redistricting.

LB165 – Adopts the Nebraska Municipal Telecommunications Service Occupation Tax Act.

LB 177 – Changes foster care provisions

LB 181 – My Priority Bill that established a surcharge under the Livestock Brand Act.

LB 229 – Changes made to the Nebraska Environmental Trust Fund included providing an additional consideration for grants for the Water Resources Cash Fund to access $3.3 million in lottery funds for each of the next 3 years with the possibility of extending them for another three years.

LB 235 – Sets state aid to schools at $822 million for 2011-2012 and $880 million for 2012-2013.

LB 305 – Allows a study to be conducted that would establish a state meat inspection program and a report on what resources would be needed to develop and maintain such a program.  I was a co-signer of this bill.

LB 309 – Provides for reapportionment of special assessments made by a city of the first class, city of the second class or village.

LB 345 – Establishes a statewide pilot program to provide technical assistance for up to forty Nebraska-based growth businesses, at least one-half of which shall be in counties with a population of fewer than 50,000.

LB 373 through LB 380 were the Budget Bills.  They appropriated and transferred $7.5 billion to balance our state’s budget.

LB 373 – Provides for deficit appropriations.

LB 374 – Appropriates funds for state government expenses.

LB 375 – Appropriates funds for salaries of members of the Legislature.

LB 376 – Appropriates funds for salaries of constitutional officers.

LB 377 – Appropriates funds for capital construction.

LB 378 – Provides for fund transfers and changes provisions relating to various funds.

LB 379 – Transfers funds from the Cash Reserve Fund.

LB 380 – Changes provisions relating to depreciation charges relating to state buildings.

LB 382 – Changes deposit and contribution rates for certain retirement systems and calculation of state aid for schools.

LB 384 – Changes property tax provisions and membership, powers, and duties of the Tax Equalization and Review Commission. (At the request of the Governor)

LB 385 – Terminates the provisions of the Low-Income Home Energy Conservation Act. (At the request of the Governor)

LB 387 – Adopts the Business Innovation Act and eliminates economic development programs. (At the request of the Governor)

LB 388 – Adopt the Site and Building development Act and change provisions relating to the Affordable Housing Trust Fund. (At the request of the Governor)

LB 389 – Adopt the Angel Investment Tax Credit Act. (At the request of the Governor)

LB 397 – Change and eliminate provisions of the Industrial Relations Act and the State Employees Collective Bargaining Act.

LB 400 – Changes tax levy authority for natural resources districts by extending to FY2017-18 the sunset date (FY2011-12) under current law that allows a qualified natural resources district to levy a property tax of up to three cents per $100 of taxable value within the district for certain specified purposes.

LB 421 – Increases park entry permits.  (Vetoed by Governor, but was successfully overridden by the Legislature)

LB 464 – Changes the child care reimbursement rate.  Freezes low-income child care provider rates for two years.  Ensures those rates would not drop below the 50^th percentile shown on an every two-year market rate survey.  After 2011-13, the reimbursements would return to rates between the 60^th and 75^th percentile. (At the request of the Governor)

LB 521 – Would require that drugs used for the purpose of inducing abortions be administered by or in the physical presence of the physician who prescribed, dispensed or provided it and seeks to prevent the proliferation of webcam abortions in Nebraska.

LB 549 – Creates the Nebraska Youth Conservation Program and provides duties for the Game and Parks Commission.

LB 589 – require the Department of Roads to issue a permit authorizing the encroachment of the state highway system by any county, city or village for special events. (i.e. Nebraskaland Days)

LB 600 – Provides for a quality assurance assessment to be placed on nursing homes and skilled nursing facilities.  (Vetoed by the Governor, but was successfully overridden by the Legislature)

LB 629 – Adopts the Hazardous Liquid Pipeline Reclamation and Recovery Act.

LB 665 – Changes provisions relating to criminal child enticement.

LB 667 – Changes provisions governing motor vehicle homicide, alcohol violations involving minors, driving under the influence of alcohol or drugs, bail, ignition interlock devices, and administrative license revocation.

LB 684 – Changes provisions relating to an advisory committee for travel and tourism.

LB 690 – Changes consent and parental notification provisions regarding abortion.

LB 699-LB 704 are the redistricting bills that will stay the same for the next ten years, until the next census is taken.

LB 699 – Changes boundaries of Supreme Court judicial districts.

LB 700 – Changes boundaries of public service commissioner districts.

LB 701 – Changes boundaries of Board of Regents of the University of Nebraska districts.

LB 702 – Changes boundaries of State Board of Education districts.

LB 703 – Changes boundaries of legislative districts.

LB 704 – Changes boundaries of Representatives in the Congress of the United States districts.

Bills that were advanced from Committee but did not pass:

LR 40CA – Constitutional Amendment to declare fishing, trapping, and hunting to be rights forever preserved subject to reasonable restrictions.

LB 357 – Would have permit cities to levy up to a 2 percent local option sales tax.  Current law limits cities to levy up to 1.5 %.

LB 473 – Adopts the Black-Tailed Prairie Dog Management Act.

LB 698 – Eliminates the labeling requirements for alcohol-blended fuel.

Bills that were passed by the Legislature – but were vetoed by the Governor:

LB 200 – Adopts the Nebraska Healthy Food Financing Initiative (Override attempt by Legislature failed)

LB 204 – Would have required blood-lead screening prior to enrollment in public school for high risk children. (Override attempt by Legislature failed)

LB 256 – Changed terms of State Racing Commission members and permitted horseracing licensees to contract to conduct live horseracing for other licensees. (Override attempt by Legislature failed)

Bills that are stalled in Committee:

LB 48 – Illegal Immigration Enforcement Act.

LB 58 – Provide for a study of dual-enrollment courses and career academies.

LB 276 – Replaces the sentence of death with “life without possibility of parole and with order of restitution.”

LB 496 – Creates the Centennial Mall Project Fund.  Would have cost the taxpayers $2 million.

LB 565 – Requires secure storage of firearms and notice of such requirement by retailers upon sale and creates the offense of improper storage of a firearm.

LB 569 – Requires all contractors/employers (as defined in the Contractors Registration Act) to

verify any new hire’s authorization to be employed in the U.S.

LB 693 – Adopts the Alcoholic Liquor Liability Act (Dram Shop)

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I have requested that the Legislative Performance Audit Committee perform an audit of the Department of Roads.  The Committee Chairperson has agreed to place this request on their agenda for review and discussion.  They have also made arrangements to visit with Auditor Foley to see if there isn’t some way they could do a joint review of the Department of Roads for efficiency purposes.

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Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

May 12, 2011

I’m very pleased to inform you that LB 181, my priority bill for this year was passed by the Legislature and was signed by the Governor.  It becomes effective three months after the Legislature adjourns; the date at this time is yet to be determined.  This bill is important to the Nebraska Brand Committee because of increased travel expenses incurred by brand inspectors when they perform brand inspections.  LB 181 will help defray those expenses by establishing a surcharge of up to $20.00.  Specific rules and regulations will be written by the brand committee after they conduct public hearings.

LEGISLATIVE ACTION THIS WEEK INCLUDED PASSAGE OF:

LB 176 – authorizes the Nebraska Accountability and Disclosure Commission to order violators to pay hearing costs.

LB 404 – changes reporting provisions relating to the Department of Economic Development.

LB 575 – adopts the Interstate Compact on Educational Opportunity for Military Children.

LB 309 – provides for reapportionment of special assessments made by a city of the first class, city of the second class, or village as prescribed.

LB 84 – adopts the Build Nebraska Act and provides for distribution of sales and use tax revenue for road construction.

LB 229 – changes the Nebraska Environmental Trust Fund and provides an additional consideration for grants for the Water Resources Cash Fund to access $3.3 million in lottery funds for each of the next 3 years.

LB 22 – adopts the Mandate Opt-Out and Insurance Coverage Clarification Act.  The act allows opting out of allowing qualified health insurance plans that cover abortions to participate in health insurance exchanges within Nebraska and (2) limiting the coverage of abortion in all health insurance plans, contracts, or policies delivered or issued for delivery in Nebraska.

The budget bills:  LB’s 373, 374, 375, 376, 377, 378, 379, and 380.

BILLS THAT WERE ADVANCED TO FINAL READING INCLUDE:

LB 256 – could allow the Lincoln horse track to have simulcast races but contract with another Nebraska track to do the live racing required by law.

LB 684 – changes provisions relating to an advisory committee for travel and tourism.

LB 673 – changes support liens and provides for military parents and children in cases of divorce.

LB 226 – creates the offense of assault with a bodily fluid against a public safety officer.  The offense also covers inhabitants in the Youth Rehabilitation and Treatment Centers in Kearney and Geneva.

LB 589 – allows for temporary use of state highways for special events, such as Nebraskaland Days in North Platte every June.

BILLS THAT WERE ADVANCED TO THE SECOND ROUND OF DEBATE INCLUDE:

LB 490 – allows keno players to access keno tickets from a machine.

LB 669 – changes provisions relating to sealing of juvenile court records.

LB 142 – changes campaign statement and report filing provisions by allowing political candidates to accept contributions of up to 75% of the spending cap for their races from non-individuals.  The limit is now 50%.

LB 667 – changes provisions governing motor vehicle homicide, alcohol violations involving minors, driving under the influence of alcohol or drugs, bail, ignition interlock devices, and administrative license revocation.  The bill also creates tougher penalties for drinking while boating and extends the law to personal watercraft.

LB 675 – provides and changes penalties and enforcement relating to driving under the influence and the duty to stop at motor vehicle accidents and creates an offense relating to certain controlled substances.

LB 521 – creates a new criminal penalty for a physician who is not in the room with a patient when performing, inducing or attempting an abortion – which means webcam abortions could not be performed.

LB 699 – changes boundaries of Supreme Court judicial districts.  This is the first of bills dealing with redistricting that takes place every 10 years.

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An attempt to override the Governor’s veto of LB 283 failed.  LB 283 would have changed provisions relating to property tax levy limits and provide school boards with tax levy and bond authority relating to energy efficiency projects.

I also want to remind you that the Legislature’s Redistricting Committee will be accepting testimony via videoconference about its proposals on redistricting.  The videoconference will begin at 1 p.m., Friday, May 13^th in the Front Room of ESU 16, 1221 West 17^th Street in North Platte.

Have a great weekend!

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Over the Fence

A bi-weekly newsletter from Senator Tom Hansen

thansen@leg.ne.gov

April 28, 2011

The Appropriation Committee has advanced a budget proposal for consideration by the full Legislature, without having to raise taxes and would even give property taxpayers a break.  Under the proposal, taxpayers would continue to benefit from a 2-year, $230 million tax relief credit program.  The committee saved money by cutting some state agency administration positions.  The budget package is scheduled to begin debate on Monday, May 2.

Bills that may be of interest to you that were discussed this week include:

LB 106 – introduced by Ogallala Sen. Ken Schilz, would expand existing county sales tax authority.  This is not a new tax but one that some counties already utilize.  It would allow counties to use sales tax revenue for crime prevention, jails, police, medical and firefighter services. The bill was advanced to the second round of debate.

LB 200 – introduced by Omaha Sen. Brenda Council, would offer tax credits and encourage private funding for grocery stores, farmers markets and community gardens that serve low-access areas.  The goal is to improve access to healthy food.  An amendment would cap the total available tax credit each year at $200,000.  The bill was advanced to Final Reading.

LB 345 – introduced by Lincoln Sen. Danielle Conrad, would implement a statewide pilot program to provide technical assistance to small businesses.  An amendment adopted would establish the Small Business Innovation Act, administered by the Dept. of Economic Development.  The bill was advanced to Final Reading.

LB 382 – introduced by Omaha Sen. Jeremy Nordquist, is part of the Governor’s biennial budget recommendations.  The bill increases the retirement contribution rates for the School Employee Retirement System and the Nebraska State Patrol Retirement System.  LB 382 was advanced to Final Reading.

LB 463 – introduced by Omaha Sen. Brad Ashford, that deals with chronic truancy problems in many of the state’s public schools.  According to the Sen. Ashford, about 23,000 Nebraska students missed more than 20 days of school last year.  Some 82,000 missed more than 10 days.  The bill was advanced to Final Reading but not before several expressed concerns about how the new emphasis on student absenteeism is being enforced.  The bill would require school districts across the state to address illness-related absences in their truancy policies.

LB 549 – introduced by Omaha Sen. Brenda Council, would create the Nebraska Youth Conservation Program that would employ at-risk youth between the ages of 16 and 21, in natural resource conservation jobs and would be paid minimum wage.  The bill is intended to encourage at-risk youth to be productive in society and engage in projects that could enhance the state parks and recreation facilities, instead of engaging in harmful and unproductive behavior. The cost to implement the bill will be $1,014,288 million.  The bill was advanced to the second round of debate.

LB 590 – introduced by Grand Island Sen. Mike Gloor, would authorize the state to negotiate a compact with Native American tribes regarding tobacco products.  LB 590 is needed to ensure compliance with the Master Settlement Agreement and prevent a loss of revenue.  The bill advanced to the second round of debate.

LB 682 – introduced by Omaha Sen. Heath Mello, was bracketed by unanimous consent, until next year for further consideration.  The bill offers state assistance to finance the construction, acquisition or improvement of sewer infrastructure to address combined sewer overflows.  Assistance would be calculated based on the amount of state sales tax collected from increased fees and charges to complete such projects.

LB 684 – introduced by Ogallala Sen. Ken Schilz, would establish the Travel and Tourism Division Advisory Committee.  The committee would be required to develop a statewide strategic plan to cultivate and promote tourism in Nebraska.  The bill advanced to the second round of debate.

Earlier this week, Governor Dave Heineman sent his first vetoes of the session.  One of the bills, LB 600 would allow nursing home assessments to offset provider rate losses.  The other, LB 204 would require blood-lead level screenings for students entering kindergarten.  On Thursday, the Legislature overrode the veto of LB 600, 44-0.  I expect a motion to override LB 204 will be coming next week after the Arbor Day holiday.

Other agenda items on Thursday consisted of bills on Consent Calendar.  Consent Calendar is a portion of the Legislative Agenda in which relatively noncontroversial bills are considered and quickly advanced to the next legislative stage.  Usually, a bill on Consent Calendar can be debated for no more than 15 minutes.  We advanced 39 bills in a short period of time.

Have a great weekend!

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