We have passed the one-third mark of this short, 60 day session. There are 70 bills on General File, 34 bills on Select File, and 9 bills passed by the Legislature. Committee hearings continue in the afternoon while we hold morning debate on hold-over bills and those being advanced from this year’s hearings. As the legislative session continues, bills are being heard, voted on in committee and advanced to the floor where votes are cast and decisions are made.

In addition to the time senators spend on the legislative floor and in committee hearings, our days are also filled with meetings which may include lunch or dinner with constituents who belong to many diverse advocacy groups. In the past two weeks, I’ve spent time with public power board members, Game & Parks Commission officials, educators, dentists, nurses, irrigation district board members, and Chamber of Commerce members.

One of my bills, LB 473 which would Adopt the Black-Tailed Prairie Dog Management Act,
advanced to Enrollment and Review for Engrossment, which is a process a bill undergoes after it is advanced from Select File. During this stage, the bill is engrossed and reprinted for Final Reading. LB 473 would give counties the authority to control prairie dogs and imposes an affirmative duty upon certain landowners and managers to prevent uncontrolled spread of colonies of black-tailed prairie dogs. The bill further assigns duties and authorities upon county boards of counties where black-tailed prairie dogs that present a problem, to carry out a program of black-tailed prairie dog management modeled closely after the Noxious Weed Control Act.

Another one of my bills, LB 800, would change provisions relating to appraised value of school lands, was advanced to Select File to the second round of floor debate. The bill would provide that the appraised value used for purposes of sales of educational land at public auction would be the value determined by the Board of Educational Lands and Funds.

LB 928 that I introduced on behalf of the Nebraska Game & Parks Commission, was advanced out of the Natural Resources Committee. LB 928 would authorize the Nebraska Game and Parks Commission to provide permits for hunting mountain lions.

LB 790, sponsored by Senator Colby Coash of Lincoln, would transfer a county court judgeship from District 5 (Merrick, Platte, Colfax, Boone, Nance, Hamilton, Polk, York, Butler, Seward, and Saunders Counties) to District 3 (Lancaster County). After considerable debate by the full legislature, the bill was advanced to Enrollment and Review Initial, the process that a bill undergoes after it is advanced from General File. We were fortunate that no judgeships were moved in Districts 11 or 12 in the Panhandle.

Your input is important so please feel free to contact me with your thoughts and opinions on the bills that are before the Legislature. Contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604, my telephone in Lincoln is (402) 471-2725; e-mail llouden@leg.ne.gov; go to the web site at www.nebraskalegislature.gov, or stop by for a visit in Room 1016. Thank you for sharing in our legislative process.

# # #

Greetings from Lincoln! It’s the end of the 5th week of session and we’ve spent some long afternoons in committee hearings, which have no time limit.

Another one of my carryover bills, LB 498 removes in situ mining from certain regulations related to the withdrawal and transfer of water from underground aquifers such as the one used in the Crow Butte mine near Crawford. The reason for this bill is to recognize that existing regulations are not effective when dealing with in situ mining, in which the majority of water is continually re-injected back into the aquifer after being withdrawn. LB 498 passed to Select File to the second round of floor debate.

One of my bills LB 928, was heard in the Natural Resources Committee. I introduced LB 928 on behalf of the Nebraska Game & Parks Commission. It is their opinion that the mountain lion population could achieve a high enough level to warrant an official hunting season. Because mountain lions are a top predatory species, they have no natural predators other than disease and natural causes to control their populations. LB 928 would authorize the Nebraska Game and Parks Commission to provide permits for hunting mountain lions.

We have received many inquiries about the number of mountain lions that currently reside in the state of Nebraska. The Game & Parks Commission performed a genetic survey in 2010 to assess the numbers of the resident population located in the Pine Ridge area. They identified approximately 20 resident animals in the three county area including Dawes, Sioux, and Sheridan counties. Game & Parks will be performing another genetic survey in May 2012. There will be no action on establishing a season until this survey has been performed and the results are analyzed.

Another bill of mine LB 1053, was heard in the Government, Military and Veterans Affairs Committee. LB 1053 would create the Nebraska Tourism Commission and transfer powers and duties from the Travel & Tourism Division of the Department of Economic Development (DED). The purpose of the commission would be to administer general promotional activity, solicitation, and operating programs to attract visitors to Nebraska and further the use of travel and tourism facilities in Nebraska. I introduced LB 1053 to grant the Travel & Tourism Division independence from the Department of Economic Development, where it currently resides, allowing them to work closer with the tourism industry and better serve their purpose of promoting Nebraska. Travel & Tourism plays an important role in Nebraska’s economy, and it deserves its own commission because it has a self-sustaining budget funded by the lodging tax.

As always you may contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604, my telephone in Lincoln is (402) 471-2725; e-mail llouden@leg.ne.gov; go to the web site at www.nebraskalegislature.gov, or stop by for a visit in Room 1016.

# # #

We are closing in on ending the 4th week and 16 working days of session. Bills are moving at a slower pace as senators spend only the mornings debating bills in the legislative chamber, while I have a full afternoon of committee hearings everyday.

Senator Les Seiler of Hastings was sworn in on January 14 to represent legislative District 33. He is a senior partner at a Hastings law firm. Seiler was appointed by the Governor to replace Senator Dennis Utter, who passed away shortly before the start of the legislative session. Senator Lydia Brasch was selected to serve on the Revenue Committee to fill Sen. Utter’s seat, and I was elected Vice-Chairman of the Revenue Committee.

There are a total of 468 bills introduced this session with 138 bills referred to the Judiciary Committee and 102 bills referred to Revenue Committee. I introduced a total of 10 bills; two of the bills were carried over from last year’s session. One of the carryover bills LB 473, passed to Select File to the second round of floor debate. LB 473 is the bill that would adopt the Black-Tailed Prairie Dog Management Act to give counties the authority to control prairie dogs. LB 473 imposes an affirmative duty upon certain landowners and managers to prevent uncontrolled spread of colonies of black-tailed prairie dogs. The bill further assigns duties and authorities upon county boards of counties where black-tailed prairie dogs are present to carry out a program of black-tailed prairie dog management modeled closely after the Noxious Weed Control Act.

Hearings have been scheduled on all bills, and four of my bills have had committee hearings. Two of my bills were heard in the Education Committee, one bill in the Revenue Committee, and one bill in the Transportation Committee.

A controversial topic that was covered in a hearing in the Revenue Committee is LB 970, a bill introduced by Senator Abbie Cornett of Bellevue at the request of the Governor. The bill would reduce three separate taxes. The individual state income tax would be reduced by lowering current tax rates and expanding current income brackets. The bill would also reduce the current top corporate income tax rate from 7.81% to 6.70% which would match the top individual income tax rate under the proposal. Next, the bill proposes to repeal the inheritance tax in its entirety. This amounts to an estimate of over $43 million a year loss for counties. This tax, levied on estate recipients when a person dies, is used by counties to build rainy day funds or pay for programs such as caring for the elderly or indigent. Many county officials testified during the hearing that if counties lose inheritance revenue, public programs and services could suffer, jobs would be lost, and many counties would have to raise property taxes.

Your input is important so please feel free to contact me with your thoughts and opinions on the bills that are before the Legislature. Contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604, my telephone in Lincoln is (402) 471-2725; e-mail llouden@leg.ne.gov; go to the web site at www.nebraskalegislature.gov, or stop by for a visit in Room 1016. Thank you for sharing in our legislative process.

# # #

Greetings! We finished our second week of session and began committee hearings during this 60th day legislative session. There were 335 bills introduced. Today is the last day for new bills to be introduced and the Reference Committee will have all bills sent to their respective standing committees.

Committee hearings began on January 17th and two of my bills were heard. LB 763 and LB 800 were heard in the Education Committee. LB 763 would change provisions relating to freeholder petitions and elementary sites, and LB 800 would change provisions relating to appraised value of school lands.

Other bills I introduced are LB 764, which would change provisions relating to vehicle overload exceptions, will be heard in the Transportation and Telecommunications Committee on January 23; LB 829, LB 829 would create alcohol impact zones; LB 927 would authorize cattle brands as official identification as prescribed; LB 928 would allow the Nebraska Game & Parks Commission to implement a mountain lion hunting season in the state of Nebraska; and LB 1053 would create a Nebraska Tourism Commission and transfer powers and duties from the Travel and Tourism Division of the Department of Economic Development.

We have received some negative feedback from constituents across the state on LB 928 so I would like to take a minute to clarify the intent of the legislation.  LB 928 does not mandate a mountain lion season be put into effect, it just gives Game & Parks Commission the tools to implement one if they deem it necessary.  The Game & Parks Commission employs many biologists who are experts in the fields of wildlife behavior, habitat management, and population dynamics.  It is up to them to decide when the population is at a level that would warrant artificial population management through a limited number of permits.  I understand this is a sensitive issue for some, but we must keep in mind what is best for the mountain lion population and our communities.

Until hearings are finished we will only debate in the morning, as the afternoons are reserved for committee hearings. February 27 is the tentative date for the entire day of floor debate.

Today the Chief Justice of the Supreme Court, Mike Heavican gave the State of the Judiciary Address to the Legislature. The purpose of his address was to update the Unicameral on the activities of the Judiciary branch the past year. The Chief Justice addressed many items but highlights focused on the Elderly and Children in the Courts, Community-Based Services/Probation, Technology in the Courts, and the Future of the Courts.

The ever-increasing use of technology and on-line services in the courts, including an electronic payment system and electronic filing system, has demonstrated improved productivity and is cost effective. The technology allows the court system to improve their service to the public while significantly reducing the cost of providing that service.

As always, you may contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604, my telephone number is (402) 471-2725; e-mail llouden@leg.ne.gov. go to the web site at www.nebraskalegislature.gov, or stop by for a visit in Room 1016.

Greetings! We finished our second week of session and began committee hearings during this 60th day legislative session. There were 335 bills introduced. Today is the last day for new bills to be introduced and the Reference Committee will have all bills sent to their respective standing committees.

Committee hearings began on January 17th and two of my bills were heard. LB 763 and LB 800 were heard in the Education Committee. LB 763 would change provisions relating to freeholder petitions and elementary sites, and LB 800 would change provisions relating to appraised value of school lands.

Other bills I introduced are LB 764, which would change provisions relating to vehicle overload exceptions, will be heard in the Transportation and Telecommunications Committee on January 23; LB 829, LB 829 would create alcohol impact zones; LB 927 would authorize cattle brands as official identification as prescribed; LB 928 would allow the Nebraska Game & Parks Commission to implement a mountain lion hunting season in the state of Nebraska; and LB 1053 would create a Nebraska Tourism Commission and transfer powers and duties from the Travel and Tourism Division of the Department of Economic Development.

We have received some negative feedback from constituents across the state on LB 928 so I would like to take a minute to clarify the intent of the legislation.  LB 928 does not mandate a mountain lion season be put into effect, it just gives Game & Parks Commission the tools to implement one if they deem it necessary.  The Game & Parks Commission employs many biologists who are experts in the fields of wildlife behavior, habitat management, and population dynamics.  It is up to them to decide when the population is at a level that would warrant artificial population management through a limited number of permits.  I understand this is a sensitive issue for some, but we must keep in mind what is best for the mountain lion population and our communities.

Until hearings are finished we will only debate in the morning, as the afternoons are reserved for committee hearings. February 27 is the tentative date for the entire day of floor debate.

Today the Chief Justice of the Supreme Court, Mike Heavican gave the State of the Judiciary Address to the Legislature. The purpose of his address was to update the Unicameral on the activities of the Judiciary branch the past year. The Chief Justice addressed many items but highlights focused on the Elderly and Children in the Courts, Community-Based Services/Probation, Technology in the Courts, and the Future of the Courts.

The ever-increasing use of technology and on-line services in the courts, including an electronic payment system and electronic filing system, has demonstrated improved productivity and is cost effective. The technology allows the court system to improve their service to the public while significantly reducing the cost of providing that service.

As always, you may contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604, my telephone number is (402) 471-2725; e-mail llouden@leg.ne.gov. go to the web site at www.nebraskalegislature.gov, or stop by for a visit in Room 1016.

# # #

FOR IMMEDIATE RELEASE

Bill Introduction continued during the second week of the legislative session. So far, 252 bills and resolutions have been filed with the most bills filed in the Judiciary Committee. The last day for new bills to be introduced is January 19, and public hearings begin on January 17. We have had a wide range of topics of the bills introduced. Since we are in the second half of the biennium, we have begun debate on carryover legislation from last year. Basically, in all second or “short” sessions of the Nebraska Legislature, bills begin wherever they were in the process when the first session adjourned. Of these carryover bills, 44 are on “General File,” which is the first stage of floor debate by the body as a whole.

On behalf of the Game and Parks Commission, I introduced LB 928 that would provide permits for hunting mountain lions. With an increasing number of mountain lions being spotted in Nebraska, the Game and Parks Commission felt this bill was necessary. The bill would allow the Game and Parks Commission to implement a hunting season on mountain lions.

Bills that I introduced are LB 763 and LB 800 that are set for hearings in the Education Committee on January 17. LB 763 would change provisions relating to freeholder petitions and elementary sites. LB 800 would change provisions relating to appraised value of school lands.

I also introduced LB 762, which would change provisions relating to comparable sales used for tax assessment. LB 762 has two purposes. The first purpose of the bill is a proposed solution to a particular problem involving the application of the comparable sales approach to valuing a farmstead site. The second purpose of LB 762 is to change the comparable sales guidelines set forth in Neb. Stat. Sec. 77-1371. That bill is scheduled for its hearing in the Revenue Committee on January 19.

On Wednesday, the Rules Committee brought their recommendations for rule changes for this legislative session. Rules are reviewed by the Rules Committee at the beginning of each legislative session. If any changes are required, the committee presents these changes to the Legislative Members and the entire body votes on the recommendations. This year the recommendations were approved and passed with some minor amendments.

To keep you informed, the Legislature’s website, www.nebraskalegislature.gov, is a great source of information, including a 2012 Session Calendar, redistricting maps, a listing of the membership on various legislative committees, and a day-by-day summary of bills introduced. You can also research current bills and past legislation and find links to individual senators’ web pages.

As always, you may contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604; Telephone (402) 471-2725; go to the web site at www.nebraskalegislature.gov, or e-mail llouden@leg.ne.gov. Please feel free to stop by my office on the first floor of the Capitol, in Room 1016.

# # #

FOR IMMEDIATE RELEASE

Greetings!  The 102nd Legislature convened January 4, 2012, for the second session of its two-year existence. We meet for 60 days, ending on April 2, 2012. Committee chairpersons were chosen in 2011 for two-year terms, so senators did not spend time on internal reorganization during the first day’s activities. The first few days of the 2012 will be spent considering proposed changes in the Legislature’s Rules. New bills can be introduced during the first ten days of session with January 19 the last day for bill introduction. Starting the week of January 10, senators will begin debating carryover legislation. There are 46 bills awaiting debate on General File, Select File and Final Reading. Committee hearings will likely begin the week of January 16.

I will serve again on the Revenue Committee, the Transportation Committee and as Vice-Chairman of the Nebraska Retirement Systems Committee. I introduced five new bills and I have two bills that are carryover legislation from 2011. Two of the new bills are in the Education Committee, one will be referred to the Transportation Committee, one to the Revenue Committee, and one will be referred to the General Affairs.

Also on the opening day of session, Senator Galen Hadley of Kearney made a few remarks and asked for a moment of silence to reflect on the life of Senator Dennis Utter of Hastings who passed away on December 27 from a lung ailment. Governor Dave Heineman, by statute, has 45 days to appoint someone to complete Senator Utter’s term. Heineman announced he will fill the seat of Senator Utter through an application process. Heineman will take applications for the District 33 seat until January 13, 2012. The replacement announcement will come no later than January 19, 2012.

This year will prove to be another eventful session as we have many difficult decisions ahead of us. Child Welfare Reform and job creation look to be top priorities in this year’s session.

Again this year, I’ll be writing a weekly newsletter which I hope will keep you informed on the Legislature’s activities. I encourage you to share your thoughts, concerns or questions on legislative issues and state government. You may contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604; Telephone (402) 471-2725; go to the web site at www.nebraskalegislature.gov, or e-mail llouden@leg.ne.gov.  Please feel free to stop by my office on the first floor of the Capitol, in Room 1016.

 # # #

Greetings from Lincoln! The 102nd Nebraska Legislature Legislature Special Session ended with the passage of several bills related to the Keystone XL Pipeline. There were 47 Legislative Resolutions introduced including LR 8 that I introduced that urges the U.S. Postal Service to reconsider its plan to close rural post offices in Nebraska. The closing of these post offices across Nebraska will hurt businesses and the well-being of Nebraskans, and change the way rural communities do business. I asked all the senators to vote yes authorizing the Speaker to sign the resolution and send the resolution to the U.S. Postmaster General. The resolution passed with a 34-0 vote.

I also spoke on the floor of the Legislature on the proposed changes to the Child Labor in Agriculture Regulations. The proposed changes to the regulation would create huge challenges for the agriculture industries, greatly impacting how family businesses are operated and the types of opportunities available to youth with an interest in agriculture production. I provided information and a letter to the U.S. Secretary of Agriculture, all Nebraska Congressional Representatives, and the Nebraska Director of Agriculture. The letter was made available for all senators to sign.

Here are the highlights from the Special Session:

Six bills were introduced on the oil pipeline. Three bills created processes where a state commission or official would review oil pipeline proposals, one bill sought to change eminent domain provisions for pipelines, and one required a company to post a $500 million bond for any new project. Three of the bills were passed, two of them with an emergency clause, and signed into law by Governor Heineman.
LB 1, introduced by Senator Annette Dubas of Fullerton, would adopt the Major Oil Pipeline Siting Act, which would establish an application process for the routing of a major pipeline in Nebraska. The Nebraska Public Service Commission (PSC) would be responsible for reviewing these applications. The bill was passed and signed into law by Governor Heineman.
LB 2, introduced by Senator John Wightman of Lexington, Chairman of the Executive Committee, appropriated funds for the expenses incurred during the Special Session. The estimate for the fiscal impact was $135,993.00. The bill was passed and signed into law.
LB 3, sponsored by Senator Bill Avery of Lincoln, would change provisions of current eminent domain laws regarding pipelines. The bill was not advanced by the Natural Resources Committee.
LB 4, introduced by Senator Chris Langemeier of Schuyler, provided for state participation in a federal supplemental environmental impact statement review process for oil pipelines. It gives the Governor the authority to approve oil pipeline routes. The bill passed and was signed into law by the Governor.
LB 5, introduced by Senator Ken Haar of Malcolm, would adopt the Oil Pipeline Certificate of Authorization Act. This would require the Public Service Commission to evaluate proposed oil pipelines. LB 5 was not advanced by the Natural Resources Committee.
LB 6, also sponsored by Senator Bill Avery, would require a pipeline company operating in Nebraska to file proof of a $500 million indemnity bond with the Nebraska Secretary of State before they could commence its project. LB 6 was held in the Natural Resources Committee.
I will resume my usual newsletter beginning in January when the regular session begins. Until then, I wish everyone a Happy Holiday season!

# # #

Greetings from Lincoln!  The 102^nd Nebraska Legislature, First Session adjourned sine die on May 26, 2011, three days earlier than originally scheduled for the 90-day session.  Sine die is a Latin word for “without day”. “A legislative body adjourns sine die when it adjourns without appointing a day on which to appear or assemble again.”

It was a productive session even with the fiscal restraints with which we had to work. There were 704 bills introduced with 247 bills passed into law, and 176 resolutions adopted.  The Governor vetoed four bills, and senators were successful in overriding the Governor’s veto on three bills.  Since we have just completed the first half of the 102^nd Legislature, which means that any legislation that did not pass and was not indefinitely postponed, will carry-over to the 2012 session.

Here are some highlights of this past session:

LB 164 was passed and signed into law by Governor Heineman.  LB 164 that I sponsored on behalf of the Nebraska Rural Electrification Association requires that individuals moving oversized objects on county or townships roads must notify the electric utility at least 10 days prior to the move.

LB 34 that I introduced, was passed and signed into law, would exempt convents from the Health Care Licensure Act. This bill will allow the Sisters of the Marian Residence, the convent in Alliance, to live in the convent without being licensed by the State.

LB 486, which was amended into LB 509, the Retirement Committee’s Priority bill, was passed and signed into law.  LB 486 that I sponsored, addresses the unfunded liability to the teacher’s retirement created by virtue of the increasing number of retirees applying for one or several exemptions each year.

LB 106, which was my priority bill, was passed and signed into law, would expand existing county sales tax authority. This bill would allow counties to use sales tax revenue for crime prevention, medical, firefighter and rescue services.  The bill allows a sales tax to be levied by a county after a vote of the people.  Counties having retail sales outside of an incorporated city or village may benefit from this legislation.

LB 703, which changes the boundaries of the state’s Legislative Districts, passed and was signed into law without the amendment and revised map which Senator John Harms and I proposed. As I have stated before, I am disappointed by this outcome, and I am saddened that rural Nebraska is losing representation and there seems to be little we can do about it.

Other highlights of the session included passing a balanced budget, despite a projected nearly $1 billion deficit at the beginning of this legislative session, and reforming the Commission on Industrial Relations (CIR), which settles labor disputes involving public employees.

I have introduced LR 262 an interim study for next session.  LR 262 would examine the effects of imposing an earning cap on the calculation of final pensionable salary for school employees.

Since this session has ended, this will be my last newsletter for this year. I will be back with more newsletters this coming January.  Although it is the interim and I may not be here, my staff will be happy to assist you in any way they can. You may contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604, my telephone in Lincoln is (402) 471-2725; send me an email at llouden@leg.ne.gov; or go to the web site at www.nebraskalegislature.gov.

# # #

This week marks our last week of session this year. The Speaker of the Legislature has chosen to adjourn on the 87^th day of the legislative session as opposed to going the usual full 90 days.  We moved quickly moving through the majority of legislation including the budget debate.  The Governor signed the two year, $7 billion, balanced budget, which is the only bill the legislature is required by the state constitution to pass.  He signed the entire package of budget bills without one line-item veto.  He has the authority to veto portions of each individual bill, as well as the entire bill.  There were no amendments to the budget bill for the legislature to debate, and often times this process can take weeks to decide, but this year, we came to an agreement in just a few days.

Last week we were waiting for the Governor’s signature on LB 106, a bill I signed onto as my priority bill.  Governor Heineman signed the bill on May 24.  LB 106 would expand existing county sales tax authority.  It would allow counties to use sales tax revenue for crime prevention, jails, police, medical, firefighter and rescue services.  The bill allows a sales tax to be levied by a county after a vote of the people.

One of the biggest issues this session has been LB 397, which makes a technical change to the definition of employee for purposes of the Industrial Relations Act and the State’s Collective  Bargaining Act.  Because of the recession, local and state governments experienced decreased revenues.  As revenue decreased, the cost of operating government, which includes employee salaries and benefits, remained the same or increased.  Government officials started to become concerned that if a labor negotiation  ended up in the CIR, they would not be able to pay ordered wage increases.

The economic climate highlighted the fact  that the CIR needed to be reformed. An amendment to LB 397 was a compromise that was adopted. Reaching this compromise involved negotiations with people from labor, management, education and the business community.  It was a yearlong process to change the state’s collective bargaining system, but a compromise was reached, LB 397 passed, and it awaits the Governor’s signature.

As you probably know LB 703, which changes the boundaries of the state’s Legislative Districts, has been passed without the amendment which Senator Harms and I proposed. I am disappointed by this outcome, and by many of the things that came out during the floor debate.  I am also disappointed that rural Nebraska is losing representation and there seems to be little we can do about it.

I would like to thank Senator John Harms for all the work he did with the redistricting maps and trying to let our voice be heard in western Nebraska.  I also want to thank all of you who came to the videoconferences on May 13th, and who called, and emails or letters and showed your support for the redistricting bill.

As always, you may contact me by mail at District 49, State Capitol, Lincoln, NE 68509-4604, my telephone in Lincoln is (402) 471-2725; e-mail llouden@leg.ne.gov; or go to the web site at www.nebraskalegislature.gov.  Feel free to stop by my office in the Capitol, Room 1016.

# # #