Legislative Priorities

These are the legislative priorities that I will be working on this session:

LR 4CA Impeachment Constitutional Amendment
LR 4CA proposes to ask voters to amend Article IV, section 5 of the Constitution as it pertains to
the impeachment of civil officers. Currently, Article IV, section 5 states that “all civil officers of
this state shall be liable to impeachment for any misdemeanor in office.” LR 4CA would include
“any misdemeanor related to the election by which such officer was elected to the office.”
Therefore a misdemeanor committed during the campaign for office would constitute an
impeachable offense.

LB 912 Lincoln Arena
This bill expands the scope of LB 551 (2006) to encourage public-private partnerships in building local event facilities. To that end, LB 912 amends the Convention Center Facility Financing Assistance Act (Act) to allow for the turnback of state sales tax revenue generated from (1) a publicly or privately owned arena and convention center, and (2) any hotels located within 450 yards of such facilities. Seventy percent of the turnback revenue would go to construction or improvement of eligible facilities. The remaining thirty percent would go to the Local Civic, Cultural, and Convention Center (LCCC) Financing Fund, which finances grants to communities for improving local tourism attractions. The LCCC Fund is an important and valuable resource for communities across the state seeking to restore local treasures to their prior prestige and stimulate economic development.

LB 912 does not amend the sunset clause in the current Act. Applications for assistance pursuant to the Act must be submitted by June 1, 2010. LB 912 also retains the requirement that state assistance received under the Act may be used only for a public purpose.

In Lincoln, these turnback dollars would help finance a new arena. A new Lincoln arena would replace the outdated Pershing Center. Lincoln finds itself in a position where the Pershing Center is no longer as desired a venue for concerts, sporting contests, conventions, and other events. Pershing simply can no longer handle the logistical requirements that many performers and promoters require. Omaha built the Qwest Center approximately 50 years after the Civic Auditorium opened. Lincoln now finds itself in the same position with Pershing. To meet its growing needs, Lincoln must build a replacement facility.

LB 905 NET Trust Fund
The intent of this bill is to provide Nebraska Educational Television (NET) with stable funding for producing and broadcasting programs of greater quality and quantity to the entire state. The NET Trust Fund would make it possible for NET to provide on a consistent basis to all Nebraskans more diverse and desired sporting events and cultural programs.

The programming and media produced by and provided through the NET Commission makes many important educational, historical, cultural, and social contributions to the state. Federal and State funding for public broadcasting are vulnerable and without guarantee of continuation. In order to ensure a stable source of funding for future generations, this bill would help to establish a financial partnership between the commission and the private sector.

This bill establishes two funds: the NET Endowment Fund and the NET Trust Fund. The NET Endowment Fund is a temporary fund consisting of $50 million from the Cash Reserve Fund. However, only the earnings from the $50 million are allocated to the NET Trust Fund, which must be matched by NET. NET may then use the interest generated from the NET Trust Fund for programming and operational costs.

The matching funds raised by NET may be used for operational costs, but it has the incentive to build up the NET Trust Fund since the interest from this fund can also be applied to NET’s match requirement. Recognizing that there could be a future need for the State to have access to the $50 million NET Endowment Fund, the Legislature could repeal that section of the law, but NET would still be able to benefit from the NET Trust Fund earnings to continuously improve its programming benefiting future generations.

LB 870 Revolving Door
LB 870, introduced at the request of the Governor, would prohibit an individual holding the office of Governor, Lieutenant Governor, Attorney General, State Treasurer, Secretary of State, Auditor of Public Accounts, member of the Legislature, member of the Public Service Commission, member of the State Board of Education, or member of the Board of Regents of the University of Nebraska from becoming a lobbyist until two years have elapsed after such individual ceases to hold his or her office. Individuals who are registered lobbyists on, or before, the effective date of the act and held one of the specified offices within the past two years would be exempt from the lobbying restrictions.

LB 762 Sales Tax Holiday
LB 762 is intended to provide sales tax relief in the form of a Back-To-School Sales Tax Holiday. While all Nebraskans could benefit from this Sales Tax Holiday, its primary objective is to provide much needed sales tax relief for families struggling to meet their children’s needs in preparing them for the upcoming school year.

This Sales Tax Holiday would occur annually on the first Friday, Saturday, and Sunday in August. The Sales Tax Holiday includes items such as clothing with a sales price of one hundred dollars or less per item, school supplies with a sales price of one hundred dollars or less per item, and computers with a sales price of one thousand five hundred dollars or less per item.

The exemption provided by this section does not apply to the following: computer software, clothing accessories or equipment, protective equipment, sport or recreational equipment, school art supplies, school instructional material, school computer supplies, any item for use in a trade or business, or the lease or rental of any item.

LB 763 Centennial Mall Task Force
This bill creates a task force to study the Nebraska State Capitol Environs, with a particular focus on Centennial Mall. While Centennial Mall is located in Lincoln, it serves as the scenic doorway for many to Nebraska’s Capitol. The Centennial Mall fountains are often featured on postcards and calendars and have become part of the State’s identity and should be a source of pride for all Nebraskans.

For many years, Centennial Mall has experienced maintenance issues, which has resulted in fountains being filled in with dirt and covered with grass. This has altered the appearance of Centennial Mall and represents a significant departure from its original design.

The Centennial Mall task force members would include the mayor of Lincoln, or his designee; a member of the Nebraska State Capitol Environs Commission; a member of the Nebraska Capitol Commission; a representative of a downtown Lincoln development association; a representative of the State Board of Landscape Architects; a representative of the Nebraska State Historical Society; two at-large members; and two state senators.

The Centennial Mall task force would be responsible for reviewing the history of Centennial Mall, reviewing the environs of other state capitol buildings, considering and analyzing possible design options, considering funding strategies, and submit its findings in a final report to the Governor and the Legislature.

LB 761 BRAC Task Force
This bill creates a task force to study the impact that a future Base Realignment and Closure (BRAC) Commission could have on Nebraska’s current military installations and missions. The United States Department of Defense routinely examines existing military installations and mission overseas and in the United States, seeking ways to increase military efficiency. Once an installation or mission makes the BRAC Commission’s list for closing or realignment, it is extremely difficult to have it removed from the list.

The BRAC Task Force members would include the Adjutant General or his or her designee; the President of the Lincoln Chamber of Commerce or his or her designee; the President of the Greater Omaha Chamber of Commerce or his or her designee, the President of the Bellevue Chamber of Commerce or his or her designee; the President of the Nebraska Chamber of Commerce and Industry or his or her designee; the Chairperson of the board of directors of the Lincoln Airport Authority or his or her designee; two at-large members; and two state senators.

The BRAC Task Force would be responsible for identifying the military installations and missions in Nebraska most vulnerable to the base realignment and closure process; identifying the military installations and missions in Nebraska most likely to benefit from the base realignment and closure process; reviewing the actions taken by other states to protect their military installations and missions; making recommendations as to what actions, if any, Nebraska should take to protect its military installations and missions; making recommendations as to what actions, if any, Nebraska should take to increase the likelihood of benefiting from future base realignment and closure processes; and submitting a final report to the Governor and the Legislature.

LB 991 Election Day Voter Registration
This bill would allow Nebraskans to register to vote on Election Day of any election. The elector may fill out a registration form at either his or her County Election Commissioner’s Office, County Clerk’s Office, or polling place. If the elector is registering in Nebraska for the first time, then he or she will be required to provide a current and valid photo identification, or a utility bill, bank statement, government check, paycheck, or other government document that is current and shows the name and address of the elector as they appear on the application. The ballots of those registering on Election Day and voting would not be treated as provisional, but would be collected and counted like all other ballots.

LR 223 Chief Standing Bear
This resolution is intended to express the desire and support of the Nebraska Legislature for placing Chief Standing Bear on the reverse of the redesigned Sacagawea dollar coin. This year is the 100th Anniversary of Chief Standing Bear’s death.

The United States Treasury and the United States Mint are currently in the process of selecting designs for the reverse of the Sacagawea dollar coin that depicts images in commemoration of Native Americans and important contributions made by Indian tribes and individual Native Americans to the development and history of the United States.

The role Chief Standing Bear played in advancing civil rights in this country deserves our utmost respect, appreciation, and recognition. Chief Standing Bear was born in Nebraska around 1834. In January 1879, Chief Standing Bear and a group of about 30 Native Americans left Indian Territory in Oklahoma to return to Nebraska to honor the wish of his dying son – to be buried on the Ponca ancestral homeland along the Niobrara River. Chief Standing Bear was consequently imprisoned at Fort Omaha, which resulted in the trial of Standing Bear vs. Crook.

The case of Standing Bear vs. Crook was an important development in the history of Indian-white relations and was a catalyst for far-reaching changes in federal policy affecting thousands of Native Americans throughout the United States. This case stands for the propositions “that an Indian is a person within the meaning of the laws of the United States, and has therefore the right to sue out a writ of habeas corpus in a federal court and before a federal judge, in all cases where he may be confined, or in custody under color of authority of the United States, or where he is restrained of liberty in violation of the constitution or laws of the United States,” and “that the Indians possess the inherent right of expatriation as well as the more fortunate white race, and the inalienable right to ‘life, liberty and the pursuit of happiness’ so long as they obey the laws and do not trespass on forbidden ground.”

When Standing Bear addressed the court, he held out his hand and spoke these words: “This hand is not the color of yours, but if I pierce it, I shall feel pain. If you pierce your hand, you also feel pain. The blood that will flow from mine will be the same color as yours … God made us both.”

The State of Nebraska has honored the legacy of Chief Standing Bear on numerous occasions. On Feb 29, 1980, Chief Standing Bear was honored by the dedication of his bust into the Nebraska Hall of Fame. Nebraska declared May 12, 2005, to be Chief Standing Bear Day. An image depicting Chief Standing Bear was also a finalist on the redesigned 2006 Nebraska quarter If not for the determination and achievement of Standing Bear, many of the basic legal assumptions of the United States would not have been changed.

Chief Standing Bear’s legacy deserves national recognition and appreciation for his contributions to human and civil rights in the United States. Therefore, this resolution was introduced in the Nebraska Legislature to encourage the United States Department of the Treasury and the United States Mint to select Chief Standing Bear as one of the Native Americans to be depicted on the reverse of the redesigned Sacagawea dollar coin.

LB 818 State Children's Health Insurance Program (SCHIP)
This bill is intended to increase the eligibility for children qualifying for the federal State Children's Health Insurance Program (SCHIP) from 185% to 200% of the Federal Poverty Level (FPL). This increase would provide insurance coverage for children whose family earns up to 200% of the FPL and would bring Nebraska in line with neighboring states in setting its eligibility limit for insuring children. All of Nebraska’s neighbors currently set their eligibility threshold at 200% of the FPL with the exception of Missouri, which sets its limit at 300% of the FPL. This bill also requires qualifiers to reapply every 12 months, instead of the current requirement of 6 months.

LB 817 Full-time Constitutional Officers
This bill requires the officers of Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, and Attorney General to devote his or her full time to the duties of the office. These Constitutional Officers would be required to remove themselves from a decision-making role in regards to financial business interests.

Specifically, these officers would be prohibited from outside employment for financial compensation during his or her term of office. Also, business ownership interests shall be arranged so that the office holder relinquishes his or her decision-making authority. This bill does not prohibit the office holder from profiting from business relationships while holding office, it merely addresses the issue of time typically involved in managing those business relationships.