Monday, January 05, 2009
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Legislative Issues

Legislative Issues

Legislative Update

By Pete McClymont

As the Unicameral passes the midway point of the 100th Legislative Session, the chaotic process (With 22 freshman senators and all-new committee chairmen, how could the process not be chaotic?) and ultimate outcome has become clearer. With the committee hearings complete and bills prioritized by committees and senators, there are a condensed number of bills, but not necessarily fewer issues for lobbyists. In summary, we’re headed down the backstretch, makin’ our move to the finish line.

This article would not be complete without some description of the discussion of LB 395, introduced by Joel Johnson from Kearney and District 37, titled Adopt a New Nebraska Clean Air Act. For those of you who haven’t followed this bill, it is essentially a ban on public smoking. The debate has been lively and passionate. There have been numerous amendments and at least four mornings of debate solely devoted to this bill. All viewpoints have been discussed with varying degrees of passion. If you don’t have anything to do at 9 a.m., turn on Public Television to watch the senators’ debate. The discussion is informative and can be at times quite entertaining. One senator told me that there is a lot of frustration over this issue because cities have been reluctant to tackle it, placing the burden on the Unicameral. Every other senator I talked to agrees on this point.

On humorous note in the debate on the smoking ban – Senators Carol Hudkins and Tom Hansen, both NC members, shared an analogy in floor debate. At one point during the debate, a compromise on the ban was discussed that would allow restaurants and bars to have a smoking room in a smoke-free establishment. Senators Hudkins and Hansen stated at different times that doing so would be like allowing peeing in the shallow end of a swimming pool. Cowboy logic is alive and well at the Capitol.

NC priority bills

LB 677 (change late fees under the Livestock Waste Management Act) is in the process and Sen. Deb Fischer made the legislation her priority bill. With Senators Dubas and Fischer leading the efforts on this bill, the outlook is good. NC leadership and staff continue to work all angles for the passage of LB 677. The bill has special significance to ranchers who have not needed to request an inspection from NDEQ and to small animal feeding operations.

LB 550, which changes in statute how prescription drugs are sold to livestock owners, is currently in committee. The intent of the bill would cause the need to change two different statutes. In all likelihood, Nebraska Cattlemen will come back in 2008 to change both statutes to a positive result. All parties involved at this time have agreed to the changes and have no opposition to the changes that must be made to rectify this situation.

Tax reduction bills are ever-evolving. The NC Board directed staff to make the elimination of the Nebraska estate tax a priority. NC staff has been in contact with members of the Revenue Committee to share this viewpoint. As of publication, this bill has not come up for floor debate.

Because of the abundance and variety of property tax bills introduced this session, the form, shape and size that the property tax reduction will take is still unknown. The Revenue Committee will have a difficult time condensing these bills.

The Water  issue is like a bad market on the horizon and is approaching sooner than later. There are two water bills in the works – LB 458, introduced by NC member Sen. Tom Carlson of Holdrege, and LB 701, introduced by Mark Christensen of Imperial. NC Board member Levi Whipps of Max testified in support of LB 458, which allows for the removal of invasive species and non-beneficial vegetation in riparian areas. Jerry Kuenning of Imperial testified in opposition to LB 701, which makes monumental changes to Nebraska water statute. Sen. Christensen has worked tirelessly with all parties affected to make LB 701 work. NC leadership and staff have been involved in at least a half dozen meetings regarding LB 701 and will stay engaged to the end. There is a strong likelihood that both bills will be combined into one piece of legislation.

Continue to follow the Unicameral via e-mail in Today’s News from NC, the NC Post and the Nebraska Cattleman magazine.

NC staff would like to thank membership who have taken valuable time out of their business schedules to travel to Lincoln and give a personal testimony to senators. It means a great deal to the success of NC policy to have members testify. Thank you again from NC staff to membership and leadership.  Y  Pete McClymont is NC’s vice president of Legal Affairs.

  


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