Senator thinks District 44 may enlarge

District 44, the Legislative District that includes McCook, may grow after the 2010 census.Districts are typically assessed after the census and because District 44 is down about 2.,600 people, it could gain a county to make up the difference, said Sen. Mark Christensen this morning at the McCook Area Chamber of Commerce Legislative conference call.

But in which direction the district grows depends on how the redistricting maps are drawn, he said, a process that would occur after the next election.

In responding to a question, Christensen confirmed that the majority of state senators come from Lancaster county in Lincoln, along with Douglas and Sarpy from the Omaha area, because of population density.

Christensen said 27th Street in Lincoln divides the state’s population between east and west.

Basing the number of senators on population leaves the western part of the state, where cattle outnumber people, without a lot or representation.

To counter that, he jokingly described how the Unicameral could be broken up into two houses, one based on population and another on the number of cattle. “It would be a good split,” he reasoned.

In other Legislative activity, lawmakers advanced to select file a bill that would tighten penalties for minors caught in the possession of alcohol.

The amended bill limits the penalties to those 18 years old and younger and reduces the length of the driver’s license impoundment to 30 days for the first offense, 90 days for the second and one year for all subsequent offenses.

The amended version also does not make the penalties mandatory but allows the judge to decide each case.

Christensen said having a judge decide the sentence could weed out instances where someone may be arrested but not necessarily drinking.

He told of an example when a girl was called at home by her boyfriend to pick him up at a party and while there, the party was busted by the police.

The bill was introduced by Sen. John Harms of Scottsbluff, who has made it his priority bill. This guarantees that the full floor will see the bill at some point this session.

As for his own priority bill, Sen. Christensen is waiting to see what happens with his bills before he commits.

Senators must name their priority bill by Friday, which doesn’t give him a lot of time.

Christensen said the Natural Resources Committee may make for its priority his bill LB 862, that amends language to allow NRDs to use an occupation tax.

Under the bill, Christensen said irrigators who do not have water would be exempt from paying the tax.

However, the amount of water each irrigator used would not be taken into account, either, so the tax would be equal but the amount of water pumped may not be.

The committee was not in favor of basing the tax on inches of water used, he said.

Christensen’s other bill about regulating sexually orientated businesses may be designated as a priority bill by another senator, especially if it’s stripped down to a zoning bill, he said.

Part of LB 443 restricts sexually orientated businesses to be located at least a quarter mile away from child care facilities, private or public school, public playground, public recreational facilities, a place or residence or churches.

As for the status of his “Castle Doctrine” bill, which would allow firearms to be used in protecting one’s home, the Judiciary Committee is still working on language, he said, although one senator has expressed interest in it if liability issues are clarified.

© Copyright 2010 McCook Daily Gazette

River refund running slow

A bill to refund property taxes collected in the Republican River Basin, taxes later ruled illegal, is not exactly dead in the water but may have trouble going anywhere.LB 898, introduced by Sen. Mark Christensen, called for refunding property or occupation taxes that have been declared unconstitutional and was heard in the Revenue Committee Jan. 29.

Additional property taxes allowed under the water bill, LB 701, were paid by property owners in the Republican River Basin. A lawsuit challenged the taxes as unconstitutional and Lancaster District Court and the Nebraska Supreme Court later agreed.

A similar lawsuit that challenges the occupation taxes on irrigated acres is pending in Lancaster County District Court.

Christensen said this morning at the McCook Area Chamber of Commerce Legislative conference call that the committee who heard the bill wants to wait out the issue, to see what kind of ruling comes from the district court.

The three natural resources districts in the basin that collected the property taxes have asked for a declaratory ruling concerning the refund, from Red Willow County District Court.

Other water bills from Christensen that were heard in committee included LB 932, that would forgive the $8.5 million loan Republican River Basin NRDs borrowed from the state, and

LB 862, which allows any NRD in a river basin, where a majority of NRDs use well metering controls, would be allowed to issue riverflow enhancement bonds that could be paid back with proceeds from the current occupation tax.

In the hearing for the loan forgiveness, Christensen summed it up as “There wasn’t a lot of humor on the committee.” Christensen said he stressed that without using property taxes or occupation taxes in LB 701, there is no mechanism for the NRDs to pay back the loan.

Although that hearing may not have gone as he wished, Christensen said there was excellent discussion during the hearing for LB 852, that changes the closed class language.

Christensen said committee members were understanding of the situation and asked questions to get a full grasp of the situation, but he added, “one way or another the state pays,” if irrigation is shut down in the basin.

The state has given Republican Basin NRDs three options to use in years designated as water short, with Option 3 shutting down irrigators in quick response areas, those areas closest to the river and its tributaries.

The irrigation industry is vital in the Basin and Christensen said most of the wells under Option 3 are located near towns. This means the shut down would impact state and income taxes, even affecting state aid to schools in the area.

A hearing for another one of Christensen’s bills, LB 1052, will be Friday, Feb. 19 and he encouraged those who were interested to come down and testify.

The bill is modeled after a bill that directs sales tax generated at Omaha’s Qwest Center to be use to pay back debt. The same theory can be used to help the Republican River Basin in his district, he said.

LB 1052 would create the Agricultural Production and Economic Stability and Assistance Act and redirect the current state sales tax revenue generated within two and half miles of any river, stream, or tributary in the Republican River Basin to eligible NRDs.

These funds would be for managing water resources and the augmentation of water supplies for the economic stabilization of agricultural production.

Christensen said issues facing the Republican River Basin are just as important to the state as revenue from the Qwest Center.

Water bill up for hearing in Legislature

A bill from State Sen. Mark Christensen to refund property taxes that were later declared unconstitutional will be discussed at a legislative hearing scheduled today for the Revenue Committee.The bill takes care of several issues that ultimately defeated a similar bill introduced last year to refund the taxes, Christensen said this morning at the McCook Area Chamber of Commerce Legislative conference call.

LB681 was defeated last year as several senators had concerns that it could apply to those opposing taxes levied for the for newly formed learning centers in the Omaha area.

Christensen’s bill would allow for the option of refunding any unspent real or personal property taxes, occupation taxes, or assessments that have been declared unconstitutional by final court judgment or order.

According to the Statement of Intent, the bill makes three changes to last year’s LB681. First, the political subdivision is not required to refund such tax, assessment, or penalty, but may refund such tax, assessment, or penalty.

Second, it limits the refunding of such unconstitutional tax, assessment, or penalty to those funds not yet expended. The third change is to make it more clear that the refund may be applied to satisfy any tax levied or assessed in the county.

The proposed bill clarifies that the refund would be made to the person paying the tax without the need for filing a claim for a refund.

It also spells out that taxes or assessment allowed to be refunded must have been declared unconstitutional by the Nebraska Supreme Court.

Several will be testifying in favor of the bill, Christensen said.

“We’re better organized this year and addressed the right issues,” he stated.

Reaction to LB1052, introduced by Christensen and called the Agricultural Production and Economic Stability and Assistance Act, has been amazingly quiet, he said, although lobbyists from the Omaha area have told him “it’s the greatest thing they’ve seen.”

Under the bill, state sales tax generated within 21⁄2 miles of any river, stream or tributary of the Republican River Basin would be redirected to eligible NRDs, to be used for managing water resources in the basin.

Christensen modeled his bill after another recently introduced bill that will expand the current Convention Center Facility Financing Assistance Act. This bill would allow Omaha to keep more of the state sales tax revenue generated around the Quest Center, whose primary purpose is entertainment, to help pay it off.

Christensen said if the state is willing to help with the entertainment and sports industry in Omaha, it should be willing to take care of compact compliance and economic stability in the Republican River Basin, especially since the Nebraska Supreme Court found that compliance with the Republican River Compact is a state obligation.

If economic health and growth is important in Omaha and Lincoln and the state wants to fund it, then it had better be important in the Republican River Basin, he reasoned.

“How can you deny using the same mechanism for the Basin when you allow it for sports and entertainment?” he pointed out.

But that rationale may not be good enough for the State Legislature.

“Just because it’s a great argument doesn’t necessarily mean it gets you anywhere,” he admitted.

Proposed water tax takes cue from Qwest Center

State Sen. Mark Christensen planned to introduce a water bill this morning that could make a big splash — or at least cause a few ripples.Speaking at the McCook Area Chamber of Commerce Legislative conference call, Sen. Christensen said his bill would use 70 percent of sales taxes collected from rapid response areas in the Republican River Basin — those closest to the river — for a water solution fund.

The bill is similar to the one passed by the Legislature two years ago that allows city sales tax revenue collected at the Omaha Qwest Center to pay back Qwest Center debt.

Christensen said the bill has the potential to garner up to $25 million every year.

It would be a way to generate cash for the Republican River Basin area, to fund water issues in the area.

Water issues can get very emotional, he acknowledged, with many in the Legislature agreeing it’s important, yet reluctant to part with state dollars.

But nothing will be solved without long-range planning, he believes, which he hopes will be addressed by another bill he’s introduced this week, LB1016.

That bill will create the Nebraska Statewide Water Planning Commission, comprising seven members appointed by the governor.

This commission will operate separately from the commission already under the Nebraska Department of Natural Resources, yet would use the same budget.

It would create a statewide plan for future use of water in the state, maintain and maximize water use in the state, and create a plan to manage water in the state.

The water plan could include a study on the cause and effect of groundwater declines, he added.

Evaluating all causes of stream depletion is vital to the issues facing the Republican River Basin, Christensen said, as “if you don’t know what causes it, how can you solve it?”

Christensen also touched on another bill he’s introduced, which would forgive the $9 million loan borrowed last year by the natural resources districts in the Republican River Basin. The money was used to pay irrigators who sold their water to the NRDs in 2007, as a way to meet compliance with the Republican River Compact.

He doesn’t expect much support for LB932, Christensen said, although the courts have made it clear that compliance is a state issue. In addition, the NRDs have no way to pay back the funds.

Although he believes the bill is the right thing to do, “Just because it’s right doesn’t mean it always gets done,” he conceded.

Other bills Christensen mentioned included:

* LB999, introduced by Sen. Kathy Campbell of Lincoln, that would prohibit all new hospital construction for two years, except for those designated as critical access. Christensen said he would talk to Campbell about the bill to find out the motive behind the bill.

* LB1001, introduced by Sen Charlie Janssen of Fremont, that would keep undocumented students from qualifying for in-state tuition at colleges. Nebraska’s law current law, in 2006, allows illegal immigrants to pay in-state tuition if the student graduated from a Nebraska high school after living here three years. Janssen’s bill would not apply to any undocumented student in college as of September 2010, or any current high school senior.

Christensen said he was asked to co-sign on the bill but declined. Still, when he was campaigning, the majority of the people in his district did not support in-state tuition for children of undocumented workers.

But Christensen said he can see both sides of the issue. Hispanics are the fastest growing segment of Nebraska’s population and an educated workforce only benefits the state.

He’s also worked with one individual whose work visa has expired and has struggled for 16 years to become a legal citizen.

“It’s a difficult issue … it should be defined and simple if we want to make them U.S. citizens and if we don’t, we shouldn’t even have the process,” he said.

A bill introduced by Sen Mark Christensen of Imperial that would allow people to use deadly force against someone breaking into their homes, workplaces or cars is getting overwhelming positive response, the senator said today.In fact, the only negative feedback is coming from newspapers in Lincoln and Omaha which have “hammered” him on it, Christensen said this morning at the McCook Area Chamber of Commerce Legislative conference call.

Despite the newspapers calling it the “Make My Day law,” Christensen prefers to call it the “Castle Doctrine” and said he’s received nearly 100 percent support of the bill.

“It’s amazing to me about the support,’ he said, adding that other senators have told him their e-mail boxes are full of comments in favor of the bill.

Currently, it’s legal to use deadly force if a person is threatened with death, serious injury, kidnapping or forced sexual intercourse. Other states already have similar laws.

Christensen also has introduced several bills that concern the Republican River Basin, including one that clarifies the use of an occupation tax on irrigated acres and another that cancels the repayment of the $9 million loan natural resources districts borrowed last year from the state.

LB 862 would allow NRDs to use the occupation tax if regulatory metering is done in its district. A current occupation tax allowed by LB701 and used by the NRDs is now being challenged in District Court as unconstitutional.

A property tax in the same law was declared unconstitutional by the Nebraska Supreme Court.

It was first challenged in Lancaster County District Court, which found it illegal because the tax was levied on only a certain number of property owners, creating a closed class.

On appeal, the Supreme Court ruled the tax was unconstitutional as it was levied for a state purpose, in this case the Republican River Compact.

The Compact allocates use of the river between Nebraska, Kansas and Colorado. Kansas has alleged that Nebraska used more water allowed during the dry years of 2005-06.

Christensen said new language in the bill eliminate the closed class designation and could apply to all or none of the other NRDs in the state. Other senators are in favor of the bill as long as the bill doesn’t apply state-wide, he said. As written now, the occupation tax would apply to the three NRDs in the Republican River Basin as well as a portion of the Twin Platte region.

In LB 932, Christensen wants the state to forgive a $9 million loan that Basin NRDs borrowed from the state last year. The money was used to pay farmers who sold their water to the NRDs in 2007. That water was sent to Kansas to keep Nebraska in compliance with the Republican River Compact.

LB 932 asks that loan be cancelled and argues that as the Nebraska Supreme Court stated that the compliance with the compact is essentially a state responsibility, that the state should pay the cost of complying with the compact.

Christensen admitted that the bill faces an uphill battle, with many in the Legislature unsympathetic with water woes in the western part of the state.

“I’ve got NRDs in my district. .. with an $8.7 million debt with no way to pay it back,” he said.

Earlier in the meeting, Christensen said working with the Legislature can be frustrating, as the common response he’s heard to water issues is to either shut down irrigation or severely curtail pumping allocations.

“I can ignore these issues and shut the door, or work with the body and figure out the next best thing,” he said.