Senator Deb Fischer - Weekly Column

April 23, 2010 - Budget Shortfall; Economic Development

24 Apr 2010 19:32:01 GMT

During the 101st Legislative Session, we passed 196 bills and addressed all of the 101 priority bills available for debate. Of those 101 priority bills, 80 passed into law, 14 failed to move beyond General File, two failed to move beyond Select File and five were held in committee. While we dealt with a variety of issues this session, one issue took priority over all other bills, the revenue shortfall. With a deficit budget cut of an additional two percent and an anticipated $679 million shortfall for the next biennium budget, we were all mindful of bills with fiscal notes. While March�s revenue numbers were better, we will continue to closely monitor revenue in April and May.

To help the Legislature have a better understanding of agency expenditures, Senator Lavon Heidemann, Chair of the Appropriations Committee, introduced a resolution. The measure calls on standing committees to work with agencies to identify ways to cut agency spending. As Chair of the Transportation and Telecommunications Committee, I will be working with a number of agencies including the Department of Roads, Department of Motor Vehicles and the Public Service Commission, to identify possible savings.

I am proud to say that we passed several economic development measures this year that will not involve significant spending but will make a difference for Nebraskans. LB 1018, introduced by Senator Abbie Cornett of Omaha, creates the Nebraska Advantage Transformational Tourism and Redevelopment Act. This act will allow cities, with voter approval, to refund part of their local sales taxes to help finance redevelopment projects or construction of destination museums or water parks. Other economic development measures include a bill to provide job training reimbursement for at-home workers and another that qualifies smaller data center projects for state incentives.

LB 779, introduced by Senator Steve Lathrop of Omaha, expands facilities that can qualify for the Convention Center Facility Financing Assistance Act. The act provides a mechanism for using sales tax revenue to fund the construction or enhancement of certain facilities. Under existing law, 30 percent of the sales tax revenue is diverted to a fund that provides grants to smaller communities. The executive office, through Senator Lathrop, tried to amend the bill to place this 30 percent generated by any new arena or horse track built under LB 779 into the state�s general fund rather than the grant fund. Many communities in our district have benefited from these grants, and I strongly opposed this amendment that would have taken money away from our rural communities. The amendment failed and the bill passed.

As we continue to look for creative solutions to help Nebraska�s economy, the Legislature passed a bill that will create a task force to bring high-wage employment to Nebraska. I have been appointed to serve on the Innovation and Entrepreneurship Task Force which will develop a statewide strategic plan to encourage entrepreneurship in Nebraska. I look forward to serving on this task force to ensure that rural Nebraskans are well represented in the quest to continue attracting quality companies and jobs to our state.

To find out how these various economic development measures could possibly help you or your business, please feel free to contact my office at 402-471-2628 or dfischer@leg.ne.gov. Over the interim my office will be researching bills for the next session and working on interim studies. You can visit my websites throughout the interim for bill updates and information on interim hearings, www.news.legislature.ne.gov/dist43/ or www.senatordebfischer.org/.

It is an honor to serve as your representative in the Nebraska Legislature. As I travel our district this summer for meetings and events, I look forward to visiting with you about the important issues facing us. I encourage you to contact me anytime and wish you and your family a good summer.

Deb Fischer
Senator, District 43

April 16, 2010 - Legislature Adjourns Sine Die

16 Apr 2010 17:37:12 GMT

The Legislature adjourned Sine Die on April 14th. This session has passed quickly, but I am happy to report that all of my bills I wanted to advance have passed this year. Bills I am especially pleased with include an important water bill, livestock legislation and a bill that sets priorities for our roads. My staff and I are already researching legislation to introduce next session.

This was my fourth year as chair of the Transportation and Telecommunications Committee. Forty-two new bills were referred to the committee in addition to the 15 bills that were carried over from last year. Committee work plays a vital role in the legislative process and it has been an honor to serve as chair of this important committee. The committee advanced bills that included limited operation of minitrucks and utility-type vehicles on the highways, requiring the release of call location information by a wireless carrier in certain missing person situations, and expanding the use of tourism industry signs along the state highways. The committee did advance the helmet repeal bill this year, but it failed to garner the necessary votes to advance on the floor.

Among the over 400 bills we introduced this session, the Legislature debated two very historic abortion bills. Speaker Mike Flood of Norfolk introduced LB 1103 which will prohibit almost all abortions starting 20 weeks after fertilization. Twenty weeks is when experts argue a baby begins to feel pain in the womb. This legislation is the first of its kind passed in the United States to date and may begin a new legal battle that could go all the way to the Supreme Court. I co-sponsored this legislation and believe that its constitutionality will be upheld in court.

Senator Cap Dierks of Ewing also introduced an important bill dealing with abortion. LB 594, which I supported, requires doctors who perform abortions to conduct extensive screening on women seeking abortions. Doctors would have to look for mental or physical problems which is similar to the screening procedures doctors use in other medical procedures. The Legislature amended the bill to include a list of outpatient and crisis intervention services for women who may be diagnosed with mental health problems.

Governor Dave Heineman vetoed a bill that would have provided sales tax exemptions to non-profit health clinics. LB 420, introduced by Senator Galen Hadley of Kearney, was passed last session but returned from the governor�s desk at the request of the Legislature. Due to the fiscal note attached to the original bill, the Legislature knew we would not have our required balanced budget with the bill as it was drafted. This session Senator Hadley amended the bill so that the exemption would not begin for another three years. The governor vetoed the bill and Senator Hadley did not make a motion to override the governor�s veto. I supported this bill and I know it would have been very helpful to our local clinics. I am hopeful a similar proposal will be introduced next session.

I heard from several constituents regarding LB 800 introduced by Senator Brad Ashford of Omaha. This bill reforms various aspects of Nebraska�s juvenile justice system. LB 800 requires each school district to develop a policy on excessive absenteeism in collaboration with the county attorney. A school district is required to report a case to the county attorney after a student has been absent 20 days in a given year, whether excused or unexcused. School districts are required to report truancy issues to the state Department of Education on a monthly basis.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

April 9, 2010 - Compromises Resolve Important Issues

9 Apr 2010 23:17:57 GMT

Many important compromises were negotiated during this legislative session. Over Easter weekend, several members of the Legislature and representatives of Kearney met to settle the dispute over physician owned hospitals. Senator Kathy Campbell of Lincoln introduced LB 999 this year which would place a moratorium on new hospitals in Nebraska. The bill, if passed, would have stopped the construction on physician owned hospitals across the state, including one in Kearney. A compromise was reached at the weekend meeting that will allow a one hospital system in Kearney, with two campuses. The Legislature passed LB 999 with an amendment that will exempt all hospitals under construction by May 1, 2010. The moratorium will last until September 2011 which will allow the Legislature time to study this issue, particularly in light of new federal legislation.

Another important compromise this session is the plan to re-structure the community college system. Last year, Metro Community College filed a lawsuit against the other community colleges over funding disputes. The compromise, detailed in LB 1072, will eliminate the current funding formula for community colleges in July 2011. The community colleges will work together to determine a new funding formula. The bill will also require the colleges to revamp the Nebraska Community College Association. I will make sure to stay updated on this process because I believe that funding for our community colleges needs to be more representative of access to these services by rural Nebraskans.

A compromise between Nebraska businesses and labor interests has advanced. The committee amendment to LB 1020, introduced by Senator Steve Lathrop of Omaha, provides for changes to our unemployment benefit laws that will allow Nebraska to receive $43.6 million in federal stimulus funding for the state's unemployment trust fund. This federal money will keep our unemployment insurance rates from rising as steeply as they did last year which will help out small businesses. Among other provisions, unemployed workers will be able to receive benefits while receiving job training. I support this legislation and believe it is a positive change for both businesses and unemployed Nebraskans.

Water continues to be one of the most important issues in the Legislature. Along with my bill, LB 764, that allows natural resources districts to proactively develop integrated management plans, we also passed a bill that creates a task force to deal with water issues in the Republican River basin. LB1057, introduced by Senator Tom Carlson of Holdrege, establishes the Republican River Basin Water Sustainability Task Force, which will develop a plan to attain water sustainability and avoid water-short years. I have been a member of the Riparian Vegetation Management Task Force for two years and I have seen first-hand how effective such a group can be in having a positive impact on stream flows. As a co-sponsor of LB 1057, I have high expectations for this task force to address the challenges of the Republican River Basin.

Soon it will be illegal for Nebraskans to text while driving. LB 945, introduced by Senator John Harms of Scottsbluff, originally had texting while driving listed as a primary offense. An amendment passed, which I did support, that will make this a secondary offense. This means that a law enforcement officer can only cite you for texting while driving if you are first caught violating another law. This is similar to our current seat belt laws. While I strongly agree that texting behind the wheel is extremely dangerous, I believe that this is going to be a very difficult law to enforce. As Chair of the Transportation and Telecommunications Committee, I will continue to study how this law works here in the state.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

April 1, 2010 - Budget Passed; Teacher Performance Pay, Deer Season Resolved

2 Apr 2010 06:09:15 GMT

The Legislature is nearing the end of the 60 day session. To accomplish all of the work before us, we have been working late into the night for the past couple of weeks. One of the most important pieces of legislation we have passed is LB 935, the budget bill for this session. The budget will decrease the biennium general fund appropriations by 1.1 percent. The bill provides an additional 2 percent cut totaling $7.1 million from the same operations and aid programs that received a 5 percent across-the-board cut during the 2009 special session. The bill also calls for transfers of $16.7 million from cash funds and $3 million from the state�s cash reserve. The Standing Committee Chairs have been charged with reviewing the budgets of agencies and boards under their jurisdictions, so I will be working on that process from now until January. I will also continue to closely monitor revenue over the next several months.

Senator Ken Haar of Lincoln introduced a bill this session to encourage school districts to develop teacher performance pay plans. The bill, LB 1014, will earmark funds from new leases on school lands for solar and wind energy to be used for performance-based pay plans negotiated by local school boards and teachers. I have concerns with this legislation, particularly because I believe it is important for our local people to have decision making control over the negotiation process. Decisions regarding teacher pay need to be made at the local level, not by state legislation. Additionally, I do not think school districts are clear on how to measure performance pay effectively.

Due to my concerns, Senator Haar and I negotiated a plan to curtail the initial bill. In my amendment, I capped the amount that could be earmarked for performance based pay. In an amendment on Select File, we will include a provision that each year, beginning in 2015, at least 75 percent of school districts must have a performance pay plan in place or districts will receive their apportionment as it is currently distributed and not have it earmarked for teacher performance. School districts only have until 2018 to reach the 75 percent requirement. If that benchmark is not reached, the earmark will sunset.

Senator Scott Lautenbaugh of Omaha introduced a bill that has caused a significant amount of attention. In the original bill, LB 836, deer hunters were allowed to spotlight deer and allowed unlimited, unlicensed hunting by landowners. The Natural Resources Committee recognizes the importance of controlling Nebraska�s deer population and we worked with the Game and Parks Commission to craft an amendment. The bill as passed will allow the Game and Parks Commission to extend deer seasons for all hunters to help in controlling the deer population. In addition, owners of at least 20 acres and members of their immediate families would have an unlimited number of free permits to kill does during special depredation seasons set to pare the herd in some regions. I believe this plan is the best way to attempt to control the deer population and I will be interested to study the outcomes of this legislation next year.

On March 30th, I participated in a transportation summit, meeting with local, state and federal officials concerning how best to streamline the federal regulation process on roads projects. A large number of people attended the meeting and it was an excellent opportunity to hear the opinions of those who deal with our roads situation every day. All of the attending officials agreed to work together in order to complete roads projects in a more efficient manner so that bureaucratic delays do not result in higher costs and waiting periods for the taxpayers.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

March 26, 2010 - Sewer Bill Defeated; Organ Donor Bill Passes

27 Mar 2010 06:09:15 GMT

Several serious issues have been debated recently in the Legislature. One issue that received a significant amount of media attention was LB 952. This is a bill introduced by Senator White of Omaha that would exempt income received by a public sewer utility for water or natural gas infrastructure replacement or sewer projects from the sales tax. The bill was specifically crafted for Omaha to provide a special exemption as they begin to update their sewer system and build a federally mandated sewer separation system.

I oppose this bill. I do not think it is appropriate to draft legislation of this magnitude that would only apply to one city. While I understand how financially draining these infrastructure projects can be for municipalities and their citizens, several communities throughout the state have undertaken these projects and have paid their share of sales tax. It is simply not right to provide Omaha an exception while the rest of the state pays sales tax on these projects. The fiscal impact of this bill to the state would have been extremely detrimental to already declining revenue projections with a projected loss of $6 million per year. The bill did failed to advance.

An issue I believe is very important for our first responders has received first round approval. LB 780, introduced by Senator Lathrop of Omaha, would provide workers compensation coverage for post-traumatic stress disorder for police, firefighters and emergency medical technicians, both volunteer and paid. The Legislature�s fiscal office estimates that the bill will cost approximately $8,000 per year. Some organizations are fearful that this bill will increase costs. To address this fear a sunset provision was added so that costs can be evaluated after three years.

I voted in favor of the bill because I believe it is our responsibility to cover these expenses for people who risk their lives for us. The scenes that first responders often arrive at can be so horrible that responders may need professional help to move beyond the emotional trauma. I appreciate and support our volunteer first responders who do not receive pay or benefits, and who rural Nebraskans greatly rely upon.

A bill that improves Nebraska�s organ donor laws also passed recently. I co-sponsored LB 1036 introduced by Senator Council of Omaha. The bill makes existing Nebraska law consistent with federal law and new technologies regarding organ donation. The bill allows a parent to revoke or amend an anatomical gift designated by an unemancipated minor. It also extends authorization of an anatomical gift to health care agents, grandchildren and persons exhibiting special care. With so many people needing organ transplants, this bill will make it easier to promote and complete life-saving organ donations.

During the special budget cutting session last year, I worked to secure check-off funds from being transferred into the General Fund to help balance the budget. Several agriculture groups had another victory this year with the passage of LB 689 which canceled the plan to use a portion of the corn check-off for the Water Resources Cash Fund. The check-off was intended to help grow the ethanol industry and increase market opportunities for corn farmers and it will now sunset in 2012. However, the Legislature must now address how to provide revenue to the Water Resources Cash Fund. I know that this will be a priority for the members of the Natural Resources Committee in upcoming sessions.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

March 19, 2010 - LB 1048 Clarifies Wind Power Development in Nebraska

22 Mar 2010 04:54:10 GMT

Wind development has been a major focus at the State Capitol this session. The Natural Resources Committee had a goal of crafting policy that allows for the development of private, renewable energy facilities while still protecting the benefits of our public power system. We spent a significant amount of time working with stakeholders to develop LB 1048. At the table were developers, Senators, public power representatives and landowners; the bill covers everything from taxation to decommissioning a defunct turbine.

Currently, Nebraska law provides for our unique public power system. The law does not prohibit private developers, but it does not encourage nor provide a process to allow for the development of large, private energy resources. Historically, the Nebraska Power Review Board is required to base approval of facilities on necessity, cost and non-duplication of facilities. The Power Review Board is a state agency created in 1963 to regulate Nebraska�s publicly owned electrical utility industry. LB 1048 provides new requirements to allow developers to build wind generation facilities for the purpose of exporting power outside the state of Nebraska.

Developers that wish to build a facility in Nebraska must meet a series of requirements. They must have a ten year power purchase agreement and must export the energy outside of Nebraska. The developer must offer a percentage of its output to Nebraska public power to help our public utilities meet their energy credit requirements. A decommissioning plan must be submitted to the Power Review Board and decommissioning security must be in place ten years after approval. If additional transmission lines are needed, the developer may enter into a joint agreement with an electric supplier to build the lines. The developer would carry the financial responsibility for the additional lines, but the public utility would own and operate the lines.

The main concerns people have contacted me about relate to eminent domain and the tax revenue these new facilities will generate. Private developers were hesitant to build in Nebraska because of public power�s eminent domain rights. LB 1048 provides an exemption from public power�s use of eminent domain for export projects. I also want to clarify that these private developers will not have the power of eminent domain.

The taxation system proposed in the bill would replace the five-year depreciation of the personal property schedule that is currently in place. The current system initially infuses a large amount of tax revenue into local governments and school boards, throwing off their budgets. The annual nameplate capacity tax that is proposed in the bill would tax the developer at a per megawatt rate. The Department of Revenue would collect the tax and distribute the revenue to county treasurers where the turbines are located. As a member of the Natural Resources Committee I worked on the development of this legislation and I support it as it is currently drafted. I look forward to the many positive benefits wind energy facilities could bring to rural Nebraska.

Senator Ben Nelson has asked me to participate in a transportation summit in Lincoln on March 30th. He is asking leaders from local, state and federal organizations and agencies to join a discussion of Nebraska transportation projects with a goal of determining ways to finish them more efficiently. I look forward to attending this summit to begin strategizing on how to finish existing roads projects, as well as to continue discussing how we can fund our roads into the future.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

March 12, 2010 - Ag Number One Asset; Budget Debate Begins

16 Mar 2010 23:54:10 GMT

The week of March 15th is National Agriculture Week and the Nebraska Department of Agriculture has chosen the theme of “Nebraska Agriculture: Thank a Farmer.� I want to thank all of the people who produce our good, nutritious, safe food along with the other important products they provide. Agriculture is our state�s number one industry. It contributed over $17 billion to our economy last year and one in three jobs in our state is tied to agriculture. Nebraskans are fortunate that this industry continues to grow. Please take the time this week to reflect on the importance of this industry to Nebraska, and the world, and to thank those people who work in agriculture.

As I discussed last week, the Nebraska Economic Forecasting Advisory Board reduced their forecasts for this biennium by $31.7 million. The state also discovered that aid to schools would need to increase by over $18 million. The Appropriations Committee used this information, and estimations of revenue in the next biennium, to craft their mid-biennium budget recommendations. The Committee has adjusted for these changes by utilizing a Medicaid reduction, recapturing the costs associated with prenatal services to unborn children per a federal ruling, and a 2% across the board cut on top of the 5% across the board cuts adopted during the recent special session. There is also money available from cash fund lapses and a $3 million transfer from the Cash Reserve Fund.

It is important to note that these budget reducing measures will leave a balance that is about $500,000 above the minimum reserve. I must point out, however, that the estimated revenue into the next biennium is, as the Appropriations Committee reports, “at best pessimistic.� The current financial status yields a projected balance that is $670 million below the minimum reserve. One positive aspect is that the Cash Reserve Fund Balance is projected to be $321 million at the end of this biennium. It is important that we continue to not heavily rely on this fund to make up our revenue short comings in the current biennium because I anticipate it will be needed in the next biennium. Debate on the budget begins March 16th.

Another fiscal concern impacting our legislative district and rural Nebraska is the recent state aid to schools certification. Of the 21 school districts in the 43rd District, only five will see an increase in aid for the 2010-2011 year. Many districts will see a significant decrease in state revenue. This is a distressing trend rural Nebraska continues to face. It has been difficult for rural senators to make changes to the formula but I continue to work with my colleagues in trying to address this situation.

As we move past the 40th day of this 60-day session, several bills have been passed including two bills I introduced. LB 865 creates the Livestock Animal Welfare Act and is supported by the Nebraska Cattlemen and Nebraska Farm Bureau. This bill separates livestock animals from the existing animal welfare statutes in order to reduce statutory confusion and is a priority for many agriculture groups. Another bill I introduced to allow natural resources districts to develop an integrated management plan, regardless of their appropriated status, also passed. LB 258, introduced by Senator Harms of Scottsbluff, is a bill that allows for stiffer penalties on minor in possession charges. The bill gives judges the option to use increased penalties when sentencing minors in possession of alcohol, but does not make the penalties mandatory. Penalties could include the one year impoundment of a driver�s license.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

March 6, 2010 - Forecasting Board: Proceed with Caution

6 Mar 2010 14:39:29 GMT

The Nebraska Economic Forecasting Advisory Board met on February 26th to update their projections for the upcoming fiscal years. This is a nine member appointed board that makes advisory forecasts of tax revenues and meets in October and February. The Legislature and the Governor use the board�s recommendations to guide our budget decisions.

The board lowered its revenue prediction for the current fiscal year (FY 2009-2010) by $40.2 million and increased it for the next fiscal year (FY 2010-2011) by $8.6 million. The net decrease in this biennium is roughly $31 million. Due to an increase in federal Medicaid dollars, the state will receive approximately $18 million in additional assistance. This federal money will reduce the budget shortfall to approximately $12 million.

There are still many factors that could change this forecast, and the board members continue to express caution regarding the state�s economic outlook. I believe we need to continue to carefully monitor our expenditures. It is important to me to ensure that the state of Nebraska is financially solvent well into the future. That being said, I anticipate lower revenue projections in future months that will require action by the Legislature.

LB 937, a bill I introduced to eliminate per diems for members of a learning community coordinating council, advanced to Select File. Currently these council members are provided a $200 per day per diem, up to $12,000 per year, for meetings and other council responsibilities in addition to reimbursement for expenses. The learning community coordinating council was created in 2007 to pool property tax dollars among Douglas and Sarpy County school districts, settle boundary disputes and address the academic gaps among students in those districts. Currently 18 members serve on the council and received $216,000 in per diem payments last year.

My bill aligns the reimbursement structure of learning community coordinating council members to that of school board members. If the bill passes, council members will receive reimbursement of actual and necessary expenses, as school board members do. Those council members that are currently serving will continue to receive their per diems through the end of their terms. As a former school board member, I believe that learning community coordinating council members provide a similar function for our schools and should not be paid a per diem for their efforts.

An important bill for Nebraska�s roads also advanced through the second round of debate. LB 821 requires the Department of Roads to consider the preservation and maintenance of the existing state highway system as its primary priority when creating its plans. I believe we have an obligation to Nebraskans that they may safely travel on our highways and that they will not see the current system deteriorate. The current highway system is worth $7.7 billion. I believe it would be irresponsible of us not to protect this investment.

LB 821 does not change the department�s current planning process. Rather, it will be the department�s duty to decide what level of preservation and maintenance is sufficient. This bill is important for preserving our highways and maintaining safe driving conditions, and it is especially vital for rural areas in order that our highway maintenance needs be met.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

February 26, 2010 - Halfway Through the Legislative Session

26 Feb 2010 18:36:46 GMT

The Legislature is at the mid-point of this 60 day session. Wind energy is one of the main topics of interest this session, particularly for rural landowners. As I had mentioned in earlier columns, the Natural Resources Committee has been working over the last 6 months to develop comprehensive wind policy. On February 24th the committee heard testimony on this bill, LB 1048. The hearing was very well attended by landowners, developers and representatives from public power. I believe the bill provides an opportunity for expanded wind development across the state, while ensuring that Nebraska rate payers continue to see low rates.

The bill as currently drafted will allow the Nebraska Power Review Board to approve wind-energy operations designed to export energy. The bill also would ease current concerns about public power's eminent-domain authority. The tax structure proposed in the bill would grant a personal property tax exemption and replace it with a “nameplate capacity tax.� This type of tax would generate the same amount of revenue but spread it over 20 years rather than just five. The tax revenue will go to the counties and schools where the wind power facilities are located.

Another bill that I believe will help Nebraska�s economy is LB 926 introduced by Senator Rogert from Tekamah. This bill, which I co-sponsored, will allow tourism related businesses to buy signs to place along state highways. These informational signs will direct traffic off our state highways and into our communities, bolstering local business activity. Currently, only informational signs regarding camping, lodging, food and motor fuel and associated services can be placed on state highways. The bill originally provided for informational signs for wineries; however, the Transportation and Telecommunications Committee amended the bill to allow for attractions of regional significance with the purpose of providing amusement, historical, cultural or leisure activity to the public. LB 926 was advanced to Select File.

During my time in the Legislature I have received a significant amount of correspondence on the issue of kindergarten entrance age. Currently, children are eligible for kindergarten if they are five years old by October 15th. This date allows for a wide range of ages in the kindergarten classroom, which I understand causes problems for both students and teachers. I support LB 1006 introduced by Senator Adams of York which would move the cutoff date to July 31st. The bill does include an exception for children who turn five between August 1st and October 15th. The bill was advanced from General File.

I want to offer congratulations to the village of Arnold and the city of Atkinson. This summer these communities contacted me about taking possession of their local state recreation areas for the purpose of improving the park land. With their assistance, I introduced LB 743 that transfers these lands from the Nebraska Game and Parks Commission to the communities.

Arnold is taking this opportunity to improve the park to attract more visitors which will increase local economic development. In the future, the village is planning to build modern restrooms with showers to draw more campers to the park. Since 2003, Atkinson community members have been working to make sure the park is well kept including pruning trees, picking up trash and mowing. Several youth organizations in Atkinson are planning to play a big part in the upkeep of the park including 4-H clubs and the Boy and Girl Scouts. LB 743 passed this week, and I am excited for these communities to improve their parks.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

February 19, 2010 - Legislative Notes

19 Feb 2010 18:15:57 GMT

The Legislature began debating priority bills on February 10th. Every Senator is allowed to prioritize one bill and each committee has two priority bills. The Speaker is also able to designate 25 priority bills. A priority designation means that if a bill is advanced from committee, it will be debated by the full Legislature.

This year I have designated LB 764 as my priority bill. This bill would allow natural resources districts in a river basin that has not been designated as overappropriated or fully appropriated to develop an integrated management plan jointly with the Department of Natural Resources. If passed, this legislation will allow our local NRDs to proactively begin building plans to manage their water resources. The bill was unanimously voted out of the Natural Resources Committee and I look forward to debating it on the floor.

The Natural Resources Committee heard testimony on LB 1010, introduced by Senator Pankonin of Louisville that would create a process natural resources districts (NRD) must follow if eminent domain is to be used to take private land for a recreational trail or corridor. If an agreement cannot be negotiated with landowners, a 75 percent supermajority of an NRD board could conduct a public hearing with public input. At this public hearing another 75 percent supermajority could vote to exercise eminent domain.

If landowners disagree with the NRD�s decision, they could appeal to the district court; an eminent domain decision would not be allowed before the court�s final decision. Several landowners from across the state came to testify on this bill. I believe that landowners must have protections in the eminent domain process and this bill is a step in the right direction.

Another bill heard by the Natural Resources Committee was LB 1025 introduced by Senator Avery of Lincoln. LB 1025, according to Senator Avery, is intended to allow the Department of Natural Resources to accept and act on instream flow applications for non-consumptive uses on fully-appropriated or over appropriated basins without requiring a variance.

Testimony in favor of the bill alluded to the importance of preserving the Niobrara River for the purposes of recreation and wildlife. While I agree we need to carefully manage this important resource, the bill, as drafted, would not even apply to the Niobrara River. The bill has a number of problems, not the least being it would likely be found unconstitutional because it essentially gives instream flow rights preferential treatment. In the Nebraska Constitution only domestic, agricultural and manufacturing uses have preference. Additionally, the bill seems to circumvent the current integrated management planning process set out in LB 962 that is so important in managing our water resources. As written, the bill also appears to change the longstanding correlative rights that apply to groundwater use.

The Kelsey Smith Act, introduced and prioritized by Senator Gay of Papillion, received first round approval last week. LB 735 would mandate that cell phone companies help law enforcement locate customers who may be in danger. This bill, named after a young woman in Kansas who was abducted and murdered in 2007, would require that carriers provide the best available call location information of a wireless device upon the request of law enforcement. The Transportation and Telecommunications Committee unanimously advanced LB 735 to the floor, and the bill is currently on Select File.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

February 11, 2010 - Legislative Notes

12 Feb 2010 13:57:32 GMT

The Legislature recently received information from the Department of Revenue that tax receipts for January were $1 million short of the forecasted $281 million. Compared to December, where revenues fell short by over $30 million, this is encouraging news. While this does not mean that our state�s financial concerns are over, it could be the beginning of an upward trend. The Legislature continues to closely monitor economic indicators to determine how the state�s budget will be affected. I look forward to hearing the Forecasting Board�s report on February 26th.

This was a busy week for wind energy and water, two issues very important to our district. Senator Tom Carlson of Holdrege introduced two bills to the Natural Resources Committee to open the dialogue on building creative solutions to our state�s water problems. He was very clear that he did not want either bill to advance out of the committee. LB 1054 addresses the issue of the correlative rights doctrine. This doctrine requires that each landowner shares equally in the shortfall during a water short year. LB 1056 would limit pumping from an aquifer when certain depletion measurements in a river basin are met. Senator Carlson wanted people to openly share ideas about sustaining water, and both bills drew a lot of testifiers from across the state.

The Natural Resources Committee is also developing a comprehensive wind policy for the state. LB 1048, introduced by Senator Chris Langemeier, is the bill the committee is working on to develop wind legislation. Recognizing the importance wind plays in the future of energy, the committee is working with all stakeholders to develop a policy that will best serve Nebraskans. We plan for the bill to address eminent domain, environmental standards, taxation and transmission issues.

The tax structure for wind facilities is a component of this bill that I am very interested in. I want to make sure that the tax revenue generated by wind energy facilities will stay in the communities where the turbines are located. Currently, the committee is looking at a variety of taxation options, including a depreciation schedule and determining if wind facilities should be treated as real or personal property.

You may be aware that the Nebraska Highway Commission and Roads Department has been reviewing posted speed limits on highways throughout the state. The Department is about half way through this process and plans to complete the review by next year. The review stems from complaints commissioners often receive about varying speed limits on similar stretches of road. One such highway that will see a speed increase is Highway 2 west of Mullen. I spoke with the District 6 office and they informed me that this stretch of Highway 2 will be increased from 60 miles per hour to 65. This change is estimated to be official soon once signs are posted.

I wanted to provide an update on two bills I had mentioned in earlier columns, LB 826 and LB 183. LB 826, a bill to study county consolidation, was indefinitely postponed by the Government, Veterans and Military Affairs Committee. I am happy this bill did not advance out of committee, and I will continue strongly advocate for local people to have the power to determine the fate of their local counties.

LB 183, a bill I introduced last session and talked about a couple of weeks ago, has passed the Legislature. This bill requires the approval of the Public Service Commission for the sale of a telecommunications exchange. I believe this is an important piece of legislation to protect Nebraska consumers in telephone exchanges throughout rural Nebraska.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

February 4, 2010 - Legislative Notes

4 Feb 2010 20:35:45 GMT

week has been extremely busy with floor debate in the morning and committee hearings in the afternoon. The Legislature will continue this schedule through the end of February. If there are any bills you would like to testify on, I encourage you to attend the committee hearing and present your views. If you are unable to make the drive to Lincoln for a hearing, you can always submit testimony to the committee via email or mail. Committee hearings are one of the most effective ways for you to have your voice heard by the Legislature on issues that are important to you. My office is happy to help you through this process.

The majority of my bills have been heard by their respective committees, and several have been through floor debate. My staff and I spend a significant amount of time over the interim preparing our legislation so that we can introduce bills early. Early introduction helps ensure that bills make it through the process in the short time frame we are in session.

In the Natural Resources Committee I introduced LB 764 which would allow natural resources districts in a river basin that has not been designated as overappropriated or fully appropriated to develop an integrated management plan jointly with the Department of Natural Resources. In my years serving on the Natural Resources Committee and talking with constituents, I have heard how LB 962, current water law, is not working in some instances. Particularly, how the law only provides regulation and moratoriums on new uses and does not foster proactive management. I believe LB 764 will provide the planning and management piece that is missing in LB 962 and provide a holistic approach to Nebraska water law.

If passed, this legislation will allow NRDs to proactively begin building plans to manage their water resources. Building individual and unique IMPs is the best method for addressing our state�s water challenges; it will provide the information necessary for planning, conservation, development, management, protection and use of our water resources.

Several groups attended the hearing to support LB 764 including the Nebraska Water Resources Association, the Nebraska State Irrigation Association, the Nebraska Association of Resources Districts and the Nebraska Farm Bureau. I have spent a significant amount of time working with all of the stakeholders to make sure we craft legislation that is positive and beneficial. It is important that we work together to build comprehensive IMPs unique to each basin to ensure that we fully develop our water resources and also protect them for future generations.

The Transportation and Telecommunications Committee advanced LB 705, a bill introduced by Senator Ken Haar from Malcolm, that would eliminate a restriction prohibiting applicants for Disabled American Veterans license plates from registering more than one motor vehicle, trailer, semitrailer or cabin trailer. The bill would make the guidelines for Disabled American Veteran license plates consistent with those regulating Purple Heart plates. The bill was amended during floor debate to remove the one-plate restriction for Pearl Harbor survivor and Prisoner of War specialty plates. I fully support this bill to recognize our military veterans.

If you have questions on any bills, I encourage you to contact my office. I provide updates on bills throughout the legislative session, but I always encourage you to follow bills that interest you via my legislative website, http://news.legislature.ne.gov/dist43/.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

January 28, 2010 - Legislative Notes

28 Jan 2010 21:23:04 GMT

Some of my most enjoyable times as a state senator are meeting with constituents who travel to Lincoln for various events. I have had the pleasure of spending time recently with representatives from our seven Natural Resources Districts, school boards and the Nebraska LEAD program to name a few. I appreciate these constituents making the trip to Lincoln to share their perspective on important issues and legislation. If you are going to be in Lincoln, please visit the Capitol and make a point to drop by my office. I always enjoy meeting with residents of District 43.

One bill I introduced to the Health and Human Services Committee this week, LB 855, was an idea that was brought to me by a constituent. LB 855, which creates the Remote Pharmacy Act, would increase access to pharmacy services in our rural communities. This bill would allow pharmacies to open remote locations staffed by a certified pharmacy technician. The pharmacist and certified pharmacy technician would be linked by a real time database and an audio/video connection. For example, a pharmacist in Valentine could open a pharmacy in Springview, staffed only by a pharmacy technician, and through the video link supervise that technician as they dispense medication. This would help solve the problem of finding pharmacists to staff our local pharmacies.

LB 855 is important because fourteen counties throughout Nebraska do not have either a pharmacy or a pharmacist; seven of those counties are located in District 43. North Dakota is another state that allows remote pharmacy and has had tremendous success with the program. One article published by the Department of Health and Human Services cites the creation of 60 jobs and pharmacy services provided to over 40,000 small town residents. I will keep you updated on the progress of this bill. If you have any questions about this legislation, please feel free to contact my office.

LB 650 was recently debated by the Legislature. This bill, as amended by the Transportation & Telecommunications Committee, would authorize the use of minitrucks and utility-type vehicles on the highways in certain instances. Minitrucks would be treated like normal passenger vehicles, with the requirement to title and register them, as well as have a valid driver license and proof of financial responsibility. Minitrucks would be prohibited from being operated on the Interstate, expressways, and freeways.

Utility-type vehicles, or UTV's, would be treated the same as all-terrain vehicles as far as Nebraska law is concerned. UTV's, also known as side-by-side ATV's, would be required to be titled but not registered. A driver's license would be required, as well as liability insurance. UTV's would be permitted on a two-laned highway if being used for agricultural purposes, or within a municipality's jurisdiction if authorized by ordinance.

The Transportation & Telecommunications Committee studied this issue for three years. In that time we heard from constituents and other senators' offices frequently. I believe the committee did a good job of balancing the convenience of these vehicles with the safety concerns of converging them with the normal flow of traffic. The bill was advanced to Select File with no dissenting votes.

On Tuesday, February 2nd I will be introducing LB 865 to the Agriculture Committee. LB 865 creates the Livestock Animal Welfare Act. This bill separates livestock animals from the existing animal welfare statutes in order to reduce statutory confusion. I worked with the Nebraska Farm Bureau and the Nebraska Cattlemen to craft legislation that would merely separate livestock animals without changing the penalties for cruelty to these animals. This is important legislation for our district and the state; I appreciate the efforts of these groups to help write this bill.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

January 21, 2010 - Legislative Notes

21 Jan 2010 22:14:44 GMT

Bill introduction for this year is now complete. Senators may introduce new bills the first ten legislative days of a session and over 400 bills have been introduced. A variety of issues will now have public hearings which take place during our afternoon committee hearings. We will continue with morning debate and afternoon hearings until March 1st when the Legislature begins full day floor debate.

The debate on LB 306, Senator Council�s bill to repeal the death penalty, ended with the senator pulling her bill without a vote being taken on the bill. We have discussed this issue over ten times since I have been a senator, and it is clear the majority of senators support Nebraska�s death penalty.

LB 183, a bill I introduced last session, has advanced to Select File. This bill requires the approval of the Public Service Commission for the sale of a telecommunications exchange. The purpose of the bill is to protect consumers in Nebraska by requiring the commission to consider adequacy of service, reasonableness of rates, 911 service, and the adequate qualifications of the telecommunications company before a phone company can be sold.

I believe this is sound public policy, especially in the more rural exchanges of Nebraska. Significant amounts of public money are invested in telephone exchanges throughout rural Nebraska through the Universal Service Fund. LB 183 outlines a formal process to protect ratepayers by ensuring that public money has been properly invested in plant and facilities in any exchange prior to the exchange being sold.

I also introduced LB 824 before the Judiciary Committee. This bill would reduce how often a county would have to update their jury pool lists. Existing law requires counties with a population under 3,000 to refresh the jury pool list every two years. Larger counties must do so annually. Because jury trials are infrequent in many smaller counties, LB 824 would move the two-year requirement to counties between 3,000 and 7,000. Counties of less than 3,000 would refresh the jury pool when ordered by the district judge. This bill would save these counties tax payer dollars and make county government more efficient.

In the Natural Resources Committee we heard testimony on a program that I think should interest all communities in District 43. LB 798 proposes extending the Nebraska Litter Reduction and Recycling Act for another five years. This Act provides grants to support programs that reduce litter, promote recycling and provide education. Approximately $1.2 million in grant funds is available annually for programs such as public education, cleanup and recycling. This program is funded through an annual fee assessed to manufacturers, wholesalers and retailers of products that commonly contribute to litter. I strongly encourage political subdivisions, public and private entities and organizations in the 43rd District to apply for these funds. For many communities these grants provide funding for one to three new jobs with such organizations like Keep Chadron Beautiful. For information, contact the Waste Planning and Aid Unit at 1-877-253-2603, applications are also available online at www.deq.state.ne.us.

Chief Justice Mike Heavican addressed the Legislature during the annual State of the Judiciary speech. Chief Justice Heavican highlighted the work the courts have been doing to decrease the amount of time children are in foster care and increase the placement of children in permanent homes. Additionally, the courts are working to become more efficient through the use of technology. An online system to pay fees and fines has saved the court system over 1,700 hours of staff time. The Chief Justice also thanked the Legislature again for taking budgetary steps to prevent the closure of over 20 county courts.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43

January 11, 2010 - Economic Outlook

13 Jan 2010 22:15:00 GMT

As the Legislature began our second week of session, Nebraskans learned that December tax receipts were down by about 10%, which reflects approximately $31 million below the projected state revenue. Additionally, income tax receipts were down by approximately 15%, further reflecting the economic hardships Nebraskans are facing. Even with the second lowest unemployment rate in the country, Nebraskans are experiencing increasing economic stress. As a legislative body we are waiting for the next Forecasting Board report, due February 26th, to gain an even clearer picture of our economic future.

These economic reports strengthen my resolve to keep costs down as we debate legislation this session. Already this week several bills with fiscal notes did not advance and I believe we need to continue to strongly scrutinize any legislation that requires additional spending. I view this current economic situation as an opportunity to set priorities on what are the responsibilities of government. If tax receipts continue to decline, there may be another budget cutting special session needed after the Legislature is set to conclude in April. I am hopeful that the economic situation will improve over the coming months, but I remain vigilant in my decision to control spending.

Governor Heineman addressed the Legislature in his annual State of the State address on Thursday, January 14th. He focused on three priorities for this next year: growing Nebraska�s economy, strengthening education and developing an even more efficient government. Highlighted in his address was the tax relief package passed three years ago by the Legislature that made Nebraska a more competitive place to do business. In a list of the highest tax states, Nebraska used to rank 44th and now ranks 33rd. The Governor recognized that this is progress, but I believe there is still significant work that needs to be done to lower taxes and control spending.

Another focus of the Governor�s address is the delivery of government services in a more efficient manner, primarily through the use of technology. This effort will decrease general fund expenditures with the goal of making state government more accessible. Governor Heineman referred to the success of filing tax returns on-line as one example.

Senators continue to introduce bills during our first 10 working days of this session. LB 826, a bill to study county consolidation, has been introduced by Omaha Senator Rich Pahls. This bill follows the recently released study by the Omaha-based Platte Institute that suggests Nebraska should have only 20 counties outside of the Omaha and Lincoln areas. Would county consolidation save local taxpayer money? I doubt it. For example, a major financial responsibility of county government is maintenance of roads. Consolidation would not necessarily close any roads; therefore, no efficiency would be realized. I believe our local people who live in the counties should decide this issue and I will actively oppose any interference by groups that feel they know better than local people. I will also continue to oppose groups that would limit our access to governmental services or decrease our local discretion on how we spend our local property tax dollars.

Committee hearings begin the week of January 18th. The Transportation and Telecommunications Committee will begin hearings on the large number of bills assigned to our committee. Several of my bills will be before the Natural Resources Committee, including LB 743 which I introduced for the village of Arnold and city of Atkinson to help them acquire parkland from the Game and Parks Commission. I have been working with several representatives from those communities who will testify at the hearing and I look forward to seeing them at the Capitol.

As always, thank you for sharing in our legislative process, and I�ll visit with you again next week.

Deb Fischer
Senator, District 43