Letter Back Home

2-10-12

The 2012 Legislative session is nearly half over and the Speaker of the Legislature has asked for priority bills to be submitted. The deadline is by adjournment Thursday. This past week Legislative Bill 540 was debated and advanced on the floor and I would like to focus my letter back home on this bill.

LB 540 was advanced with Amendment 1729 to select file for further debate this past week. LB 540 is a bill that the Health and Human Services Committee introduced, if passed, it would require the Department of Health and Human Services to apply for a Medicaid waiver to extend family planning services to Nebraska Medicaid recipients whose income is above the current eligibility qualifications.

The HHS committee introduced this bill in light of several other states that have applied for a Medicaid waiver and claim a significant cost savings to their States budget. It is believed that such a waiver leads to the state paying for less unplanned births and prenatal care, in turn the savings being put towards Family Planning Care. In looking to provide solutions to Nebraska’s budget, many supporters contend that this will maximize family planning for women in Nebraska and decrease pregnancies and abortions. However, another concern is that such a bill would allow more funding for clinics that promote abortions.

I am not supportive of the original bill but I supported the attached amendment. Amendment 1729, introduced by Senator Tony Fulton, that was added to the bill and ensures that any funds received shall not be used or spent in any way to contract with any entity that performs or promotes elective abortions. Any organization that makes an overwhelmingly majority of their profits off of procedures that degrade the sanctity of life, I do not support and I will not support a bill that allows increased funding to such an entity.

I look forward to future floor debate with my bill LB 786, which is scheduled for debate sometime this week. LB 786, is a bill that will change forfeiture of office provisions for city council members in cities with city managers form of government. Other upcoming hearings for bills that I introduced include:

• LB 950, which Changes crediting provisions relating to reimbursement of certain assistance to natural resources districts as prescribed on February 15^th.

• LB1126 – Provides and change extraterritorial jurisdiction of a village on February 14^th.

• LB1125 – Changes provisions relating to natural resources district occupation tax on February 15^th.

• LB1127 – Changes provisions and penalties relating to issuing or passing a bad check or issuing a no-account check on February 16^th.

Questions or Comments? Contact myself or my staff at Senator Mark R. Christensen, PO Box 94604,Lincoln, Nebraska 68509, 402-471-2805.

Letter Back Home

2-3-12

On Thursday, February 2, 2012 Speaker Mike Flood of the Nebraska Legislature announced that Session would end early on Friday the 3^rd, due to the upcoming threat of extreme weather conditions. Hearings that were to be heard that afternoon have been rescheduled to have their hearings on Monday February 13, at 9:30 a.m. If you are ever planning on attending a hearing or an event at the Legislature, I encourage you to check the legislative schedule for any changes or cancellations. This week I would like to touch on two bills that deal with tweaking Nebraska Statute revolving around healthcare services, LB 646 and LB 677.

A bill I introduced, LB 646, was debated and passed on Monday, February 6^th. LB 646, is a health care related bill that changes the definition of emergency medical service from “immediate medical care” to “ medical care”. Currently Emergency Medical Service is defined as a an organization responding to a perceived individual need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. Removing the word immediate will better reflect what they are doing now, which includes non-emergency settings. There are many instances when volunteer and paid EMS worker’s are on duty or on call at sporting events, hospital/nursing home transfers etc… and are ‘technically’ not responding to someone that may need “immediate medical care.” My bill would remedy the use of ‘immediate’ and prevent a EMS worker from potential liability.

LB 677 is a bill Senator Steve Lathrop has introduced and was debated on the floor this past week as well as advanced to select file. LB 677, in accordance with the Judiciary Committee amendment AM 1704, increases penalties for assault on a healthcare professionals while the health care professional is engaged in the performance of is or her official duties. AM 1704 redefines Health Care professional as “a physician or other healthcare practitioner who is licensed, certified, or registered to perform specified health services constant with state law who is practicing at a house or health clinic.” A sign requirements is also provided which warns of mandatory imprisonment upon an assault of healthcare professional while performing his or her official duties. Despite the invigorating floor debate regarding the imperfections of the bill, it does seem to hold some validity in protecting healthcare professionals that may be harmed by not only patients but family and friends in a health service setting. I intend on supporting this bill and look forward to the future debate of the bill.

Questions or Comments? Contact myself or my office at, Senator Mark R. Christensen, PO Box 94604, Lincoln, NE 68509, 402-471-2805.

ThemonthofJanuaryiswindingdown,whilebusinessatthelegislaturebeginstopickup. Severalissueshavebeendebatedonthefloorthispastweekandseveralimportantbilltopicshavehadtheirhearings. Withonlysixteenplusdayscompletedthissession,IwouldliketofocusthisweeksletterbackhomeonthreeadditionallegislativebillsthatIhaveintroducedforthe2012session.

Cropdamagecausedbydeerhasbecomeasignificant problemformanyfarmers. LegislativeBill108,whichIintroduced,willcurbthisproblembyallowingfarmerstoapplyfor afreepermittohuntandtakeantlerlessdeerforeveryonethousanddollarsprovencropdamagecausedbythedeer.Theowneroroperator thatappliesforthepermitorhis/herimmediatefamilymayhuntonsuchpermit. IftheowneroroperatorisunabletouseorselloriftheGameandParkscommissioncannotremovethecarcass,thecarcassmaybedisposedofinanyothermanner. Thisissuenotonlyaffectsthedistrictbutthestateasawhole. Ilookforwardtothisbill’shearing,onFebruary2^nd,anddiscussingcropdamageissueshurtingthefarmersandcommunitiesinourstate.

LegislativeBill1127isanotherbillthatIintroducedthissessiondealingwiththechangingprovisionsandpenaltiesrelatingtoissuingorpassingacheckorissuingano-accountcheck. Inordertoreducethenumbersofnon-violentcriminalsinourpenalsystemandallowsuchoffenderstocontinuebeingproductivecitizens,itisimportanttoallowthecourtsystemanalternativetoimprisonment. LB1127,allowsthecourtsanalternativeconditionofprobationifanoffenderofcheckfraudmeetstherequirements. Asentencingofprobationmayrequiretheoffendertoberestrictedfrombeingallowedtoopenacheckingaccountoranyaccountthatallowsthemtopasschecks,whileonprobation;theywouldbelimitedtoadebitcardonlyaccount.

ThelastbillIwouldliketoaddressforthisweeks ‘LetterBackHome’ isLB1052. LB1052isabillthatbetterprotectslandownersandtheirpropertyrights. Morespecifically,thisbillchangesprovisionstothemaintenanceofdrainagefacilitiesoncountyroads. Currently,acountyhastheauthoritytoconstruct,maintain,andimprovedrainagefacilitiesonpublicroadsofthecountyandtheboardhastheauthoritytomakedecisionsoncertaincontrolmeasuresbeyondtheroadright-of-waywheredeemednecessarytopreventdamages. LB1052addsevidentiarystandardsand30daynoticetobepresentedtolandownerstosupportanyclaimsofencroachmentofright-of-wayornecessaryentryontoprivateproperty.Thisprovidesaclearerprocessandtimetoresolveanydisputesbetweenpropertyownerandcounty.

Onanendingnote,myLegislativeBill1126dealingwithextraterritorialjurisdictionofavillagewillbeheardbytheUrbanAffairsCommitteeonFebruary2,2012.Pleasecallmyselformyofficewithanyquestionsorconcerns. SenatorMarkR.Christensen,402-471-2805,POBox94604Lincoln,NE68509.

Legislative Bill 739 will authorize the Game and Parks Commission to transfer property to Chase County. I introduced this bill on behalf of the Chase County Commissioners and the Nebraska Game and Parks Commission. Over the year’s the Nebraska Game and Parks has seen budget cuts, which has limited the number of employees that they can hire to take care of the smaller recreation areas. In order to preserve the Champion State Historical Mill Park and Recreation Area’s rich history, the Game and Parks reached out to the Chase County Commissioners. It was agreed upon that the park would be better tended for, financially and physically, under the care of the County. A hearing has been set for January 25th, in the Natural Resources Committee.

Recently, LB 786 was successfully heard before the Urban Affairs Committee. Due to the current statute, Section 19-613, the McCook City Council found itself in a quandary. Currently, the statute affecting only the city management form of government, states that a city council member “convicted of a crime” while in office shall forfeit the office. In order to prevent future predicaments affecting individuals that hold an office, I have amended the statute to clarify that a council member forfeits the office if convicted of a “felony or of any public offense involving the oath of office of the incumbent,” which is the standard for all other elected officials.

Lastly, I would like to acknowledge LB 1126 which will provide and change extraterritorial jurisdiction of a village. While in the process updating zoning maps for a county in the district, a Zoning Administrator discovered that villages were not included in the current statute allowing changes to extraterritorial jurisdictions. My bill amends villages into the language and if passed will allow by majority of the vote its members the ability to request a cede and transfer of extraterritorial jurisdiction over land out to the next quarter section line. This bill is simple and straight forward and I have high hopes for it.

Please contact myself or my office if you have any questions, concerns or comments regarding any bills their hearings or their status. Senator Mark R. Christensen, PO Box 94604, Lincoln, NE 68509, 402-471-2805, mchristense@leg.ne.gov.

Last week the Nebraska Legislature had the privilege of listening to Governor Heineman’s State of the State address. Among the Governor’s many challenges this year, he has proposed to focus some attention on fixing the child reform issue that has plagued our State for several years. As many of you know, my family has personally experienced the downward spiral of the state’s child welfare system with its move toward privatization. I was pleased to hear Governor Heineman acknowledge his interests in improving a system which has long had problems in the State of Nebraska. Improving the child welfare system in Nebraska should be a priority.

In addition, Governor Heineman has proposed several tax cut measures for Nebraska citizens, one of them being a cut on the inheritance tax. From what I’ve seen so far the tax cuts look like positive steps forward for Nebraskans.

Lastly, I would like to reflect on Senator Carlson’s Legislative amendment that he introduced, LR 358 CA, this amendment would allow Senator’s to serve three consecutive four year terms instead of two. I look forward to debating this amendment when it reaches the floor. Over the last five years I have recognized the extensive amount of time and experience one needs in order to tackle the important issues that need to be addressed. Two terms does not appear to be an effective amount of time for a senator to get the experience needed in order to pass quality legislation and make positive changes for the citizens of our state. Please let me know your thoughts on this issue.

I look forward to sharing my carry over and newly introduced bills in future letters and remember to contact myself or my staff if you have any questions or concerns. Mark R. Christensen, PO Box 94604, Lincoln, NE 68509. 402-471-2805 or mchristensen@leg.ne.gov.

101^st Legislation, Second Session

03-22-10

The winds of change are a blowing in the Legislature.

Last week, LB 1048, which allows for the development of private wind and other renewable energy for export to other states advanced to the second round of debate on the floor of the Legislature.

The Natural Resources Committee amendment was adopted, which became the bill, and another amendment filed by Sen. Langemeier to allow new certified renewable export facilities to negotiate power purchase agreements with public utilities advanced with a 41-0 vote.  LB 1048 advanced to Select File with a strong 44-0 vote with my support.

Wind and renewable energy ideas have been in development for several years and it was good to see all the hard work payoff with enough problems resolved to begin allowing the investment and development in large-scale wind and other renewable energy generation for export.  I believe it will be good for rural Nebraska.

Introduced by the Natural Resources Committee, Legislative Bill 1048 provides a way for the exportation of renewable energy, like wind, without influencing public power and ratepayers.  It defines certified renewable export facilities as facilities that:

• Use Solar, wind, biomass or landfill gas to generate electricity;
• Are constructed and owned by a private entity; and
• Have made power purchase agreements of initially 10-years or more for sale of at least 90% or more to customers outside of Nebraska

New facilities would apply with the Nebraska Power Review Board.  They can receive a conditional approval by meeting the definition of a certified renewable export facility, and provide public benefits like including economic development.  Final approval comes with a few more agreements and the new facility is determined to have no materially detrimental effect on rates paid by ratepayers.  In other words, it does not harm Public Power.

One of the major issues that had to be worked out was the authority of public power utilities to use eminent domain that was put in place when public power came into existence.  An approved certified facility would be exempt from eminent domain, but if they failed to meet the requirements, a motion could be filed with the Power Review Board to decertify them.  Such a facility would have a year to be certified again, or they would be open to eminent domain by public power.

LB 1048 would exempt real and personal property used directly in the generation of electricity using wind as the fuel source.  Instead, the bill establish a nameplate capacity tax of $3,518 per megawatt of energy produced for an approved facility, but exempt turbines owned by government entities, cooperatives, and net-metering customers.  This nameplate capacity tax would be redistributed to those who would have normally received property tax revenue.

Nebraska is one of the top 10 windiest states in the nation; we should be moving forward with wind development.  I believe this is a great step forward in promoting economic development while at the same time protecting public power.

If you have any questions, comments, or concerns regarding this bill or any issue please call my office at 402-471-2805 or for more information you can view my legislative website at http://news.legislature.ne.gov/dist44/.

101^st Legislation, Second Session

03-15-10

All over Nebraska, the deer population has been increasing significantly for the past several years.  In many areas, the damage done to crops being eaten by deer and the damage to vehicles after hitting a deer is very costly.  That is why I am hopeful that Legislative Bill 836, introduced by Sen. Lautenbaugh, which makes changes to our game law to help decrease our deer population, will continue to advance through the Legislature.

The bill advanced last week from the first round of debate to Select File with a 34-0 vote.  The committee amendment, which replaced the introduced copy and became the bill, made several changes.

First, is allows the Game and Parks Commission to extend an existing deer hunting season for deer depredation.  Permits issued under this provision would specify which species of deer, what the bag limit would be, and the dates for the beginning and end of a depredation or extended season.  The bill would also allow any weapon legally used during a normal season to be used during a depredation season.

LB 836 would get rid of three current requirements under this same section of law.  It eliminates the requirement that the permits be issued beginning no less than three days from the season announcement, that only one deer per permit be allowed, and that landowners be reimbursed for half the cost of the permit for proof of a lawfully killed deer.

Second, a new requirement that income from depredation permits be used to help pay for abatement of damage caused by deer was included in LB 836.  The bill also provides for unlimited free permits for the taking of antlerless deer for immediate family of landowners who own at least 20 acres of farm or ranch land within any depredation area designated by Game and Parks.

I hope that these new provisions will help reduce the damage caused by Nebraska’s overpopulation of deer.

Finally, an amendment by Sen. Louden was adopted that establishes a depredation permit system for mountain lions that are killing livestock or poultry.  The commission is required to confirm that a mountain lion caused damage, and then they can issue you a free depredation permit.

If you have any questions, comments, or concerns regarding this bill or any issue please call my office at 402-471-2805 or for more information you can view my legislative website at http://news.legislature.ne.gov/dist44/.

101^st Legislation, Second Session

2-15-10

Last week, we began debate on priority bills.  Senators have until this Friday to designate one bill as their priority for this session.  This Friday is also the deadline to request speaker priority bill designations from Speaker Mike Flood.

This week, I would like to discuss LR 292, introduced by Sen. Fulton, and LB 1102 introduced by Sen. Giese.

Legislative Resolution 292 is a resolution, which memorializes the Congress of the United States to adhere to the principles of Federalism expressed in the Ninth and Tenth Amendments of the United States Constitution.

The Ninth Amendment states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  The Tenth Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Many people are very concerned about what they are seeing coming out of Washington, D.C. lately.  For example, the takeover of GM, the stimulus package that burdened the next generation with an enormous amount of debt, the bailout of banks, and most recently, this administrations attempt in their healthcare reform to take over a large sector of the economy and mandate health coverage, powers never given to them in the Constitution.

I see this as a very serious issue that needs to be addressed by the states.  This resolution is a good start on our road to restore the proper Constitutional balance between the Federal Government and the states.  LR 292 will be heard in the Government, Military, and Veteran Affairs Committee on the afternoon of Friday, February 19.

Legislative Bill 1102 is a bill that would allow what supporters call Instant Racing Terminals at current licensed horseracing tracks in the state.  The Judiciary Committee heard this bill last Wednesday.  These machines would allow you to bet on historic horse races in a video gaming format.  This is the third bill since 2005 to propose pari-mutuel wagering on historic horse races.

There are many concerns with this bill.  One being the expansion of gambling in Nebraska, which the people of Nebraska have defeated each time it has been put before them.  Another concern is the nature of these machines, which closely resemble video slot machines, with the ability to make two bets per minute.

In addition, other states, such as Maryland and Wyoming, have concluded that Instant Racing Terminals are not pari-mutuel wagering as they have been pitched.  My personal opinion is that they have a lot in common with video slot machines.  This brings into question what type of gambling we would really be expanding and, whether it is legal under our current laws.

However, the largest concern I have is how this will affect Nebraska families.  The addictive nature of video gaming is well documented, causing bankruptcies and the destruction of families.  It my opinions that the gambling industry preys on those who can least afford it and state legislatures use it as a way to tax those same people.  Video gambling is not what Nebraska needs.

If you have any questions, comments, or concerns regarding bills or any other issue, please call my office at 402-471-2805 or for more information.  You can view my legislative website at http://news.legislature.ne.gov/dist44/.

Thursday, February 18, 2010

Thursday, February 11, 2010