Sen. Ken Schilz
Sen. Ken Schilz
District 47

2010 Interim Studies

May 21st, 2010

Ken’s Column: Interim Studies

This interim will be busy with nearly 250 interim studies to be considered.  I have listed a few of the important studies that we will be working on, but please remember that you can access a list of all the studies online: www.nebraskalegislature.gov.  A schedule of these hearings will also be available on the website.

One of the interim studies I am particularly interested in given our economic condition is LR542, introduced by Senator Heidemann.  This study would allow the standing committees and Executive Board to review programs within the agencies under their subject-matter jurisdiction to identify services, programs, and obligations that may be reduced or eliminated during the 2011 session.  Aside from the four interim studies I have introduced, here are a few interim studies that may interest you.

Interim studies concerning healthcare for Nebraskans:                                                                                                LR 372, introduced by Senator Gloor, is an interim study to examine the potential effect of national health care reform proposals on Nebraska.  Referred to Health and Human Services Committee.                                                                                                          LR 439, introduced by Senator Pahls, is an interim study to review recent changes in federal law regarding health care insurance and to identify administrative and legislative responses which Nebraska will need to make.  Referred to Banking, Commerce and Insurance Committee.                                                                                                      LR 467, introduced by Senator Gay, is an interim study to conduct research and provide recommendations for implementing the federal Patient Protection and Affordable Care Act.  Referred to Health and Human Services Committee.                                                                                                                                                                   LR 501, introduced by Senator Campbell, is an interim study to examine costs to the state and infant and child outcomes associated with not providing prenatal services through the Medicaid program to low-income women in Nebraska.  Referred to Health and Human Services Committee.

Interim studies concerning water:

LR 473, introduced by Senator Carlson, is an interim study to examine the correlative rights doctrine relating to the use of ground water and clarify a definition for Nebraska statutes.  Referred to Natural Resources Committee.

LR 474, introduced by Senator Carlson, is an interim study to examine aquifer depletions in the State of

Nebraska.  Referred to Natural Resources Committee.

LR 566, introduced by the Revenue Committee, is an interim study to examine various methods of financing interstate water compacts and agreements.  Referred to Revenue Committee.

Other interim studies of interest:

LR 423, introduced by Senator McCoy, is an interim study to examine the way Nebraska awards electoral votes in presidential elections.  Referred to Government, Military, and Veterans Affairs Committee.

LR 430, introduced by Senator Christensen, is an interim study to examine Nebraska’s laws regarding a person’s right to self-defense by the use of force and to review the Castle Doctrine laws in other states.  Referred to Judiciary Committee.

LR 510, introduced by Senator Pirsch, is an interim study to examine issues relating to refunds of local option sales taxes under the Nebraska Advantage Act.  Referred to Revenue Committee.

LR 519, introduced by Senator Pirsch, is an interim study to examine issues relating to Firearms Freedom

Acts which have been enacted or introduced by other state legislatures.  Referred to Government, Military and Veterans Affairs Committee.

LR 520, introduced by Senator Janssen, is an interim study to examine the impact of illegal immigration on

the state’s budget.  Referred to Appropriations Committee.

During the interim there are many opportunities to be involved with studies and other issues. If you would like to be involved or have issues that you need assistance with the state, please contact me, (402) 471-2616, by email at kschilz@leg.ne.gov, or by writing to: State Capitol, District 47, PO Box 94604, Lincoln, NE 68509.  You can always visit www.nebraskalegislature for upcoming Legislative hearings and events.  It is an honor to represent you in the Nebraska Legislature and I thank you for your willingness to read these columns.

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Final Issues Debated

May 21st, 2010

KEN’S COLUMN: Final Issues Debated, Session Adjourns Sine Die

The second session of the 101st Legislature adjourned Sine Die on April 14, 2010.  All bills, including roll over bills from first session, that were not acted upon were indefinitely postponed (IPP’d) upon Sine Die.  Though the end of session is here, the Legislature never ceased in debating important issues.

One of the important issues we discussed last week was LB 563, introduced by Senator Lathrop.  LB 563 would adopt the Employee Classification Act and provide funding for enforcement.  The act only applies to contractors in construction and delivery service industries.  When a contractor misclassifies an employee, the employee is ineligible for unemployment and workers’ compensation benefits, loses labor law protections and does not receive employer-provided health insurance. Misclassification creates an unfair advantage to unscrupulous contractors who are able to outbid law abiding employers who must take into account the payment of taxes and insurance premiums when bidding for jobs. The State’s loss in revenue negatively affects the funding of essential programs such as unemployment benefits.  This bill was intended to allow the Department of Labor and the Department of Revenue to enforce a penalty against violators.

Violators will be charged up to a $500 fine per misclassified employee for a first offense and a $5,000 fine per misclassified employee for second and subsequent offenses.

LB 563 is a law that can hopefully start to stem some of the tide of undocumented workers taking these jobs as independent contractors receiving cash for wages.  This will be a useful tool in the fight against illegal workers in our state.  I supported this bill, but it took some discussion along with amendments to get me completely on board.

Another important issue we had before us was Legislative Resolution (LR) 542, introduced by Senator Heidemann.  The purpose of this resolution is to encourage the standing committees and Executive Board of the Legislature to examine required General Funded functions and expenditures of state agencies.  It would allow the standing committees and Executive Board to review agency programs and services within the agencies to identify what may be reduced or eliminated during the 2011 session.  We anticipate continued budget shortfalls to be confronted during the 2011 session, which may result in the inability of state government to sustain current services.  However, we may be able to prevent such a deficit if the committees are able to identify statutory changes that de-obligate the state from operating and aid costs for the forthcoming biennium.

What this means is we will have the best opportunity to subtly shrink government.  It will be of utmost importance that we explore all agencies and programs that are funded by the general fund.  This will give us the ability for each committee to look at the programs and agencies that fall under those particular committees.  It is my hope that we can find ways to reduce government both through efficiencies and through actual cutting of programs and perhaps even whole agencies.  It will be interesting to watch this unfold over the interim.

I will be sending out a press release again next week to review the session and continue to send a press release out occasionally during the interim to keep you updated.  Again, my office in Lincoln is open Monday through Friday, 8:00am – 4:00pm (MST), excluding holidays. You can contact the office either by mail: Sen. Ken Schilz, District 47, P.O. Box 94604, Lincoln, NE 68509-4604; by email: kschilz@leg.ne.gov; or by phone (402) 471-2616. You may also check the website www.nebraskalegislature.gov for upcoming Legislative hearings and events.

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