Several Bills Introduced and Debated in Nebraska Legislature

By Senator Lydia Brasch

Week sixteen of the first biennium of the 105^th Legislature consisted of days 66 through 69 of this 90-day session.

On Friday we began debate on LB 461, our Revenue Committee’s tax package. A significant portion of it is the Agricultural Valuation Fairness Act, LB 338, which I introduced at the request of the Governor. After much discussion and work, LB 461 contains LB 338 as AM 954 and 1095 – as well as many portions of LB 602 sponsored by Senator Steve Erdman – which utilizes an income potential approach for valuation of agricultural and horticultural land. This is an essential part of the complete tax reform package. Moving away from the market approach to an income potential approach will be fairer, more sustainable, and more predictable over the long term in valuing agricultural and horticultural land. LB 461 creates an Agricultural Valuation Fairness Committee that will develop income and expense estimates for all agricultural and horticultural land in Nebraska, as well as capitalization rates necessary to produce uniform and proportionate assessed valuations. LB 461 would also add an additional $30 – $40 million a year to the state aid formula for schools. Three hours of full debate took place and we adjourned for the weekend. LB 461 will return to the floor for the remaining three hours of debate before a vote is taken.

On Tuesday we debated LB 640. There were a lot of moving parts in this bill. First, it split the school districts’ budgets into two components. In one, only 55% of a school’s budget could come from property taxes. The other 45% was again split into two components. In one, 75% of the remaining 45% would come from state aid, and the other 25% of the remaining 45% could come from local property taxes, but only by a two-thirds vote of the local school board. The bill would have also lowered the assumed amount of a school district’s resources, which is used to determine how much state aid school districts receive via the TEEOSA formula. The bill also lowered the maximum levy rate for school districts from 1.05 to 1.00. The intent of this bill was to equalize a grossly unequal method of funding schools via state dollars. If LB 640 is passed, most property taxpayers in Nebraska would see their property tax burden significantly decrease, especially those in the unequalized districts. However, no action was taken on this bill as it did not have the 33 votes necessary to break a filibuster. The Legislature may debate it again in the future if a compromise can be reached. I support this bill.

We also debated LB 661. This bill protects the identity of any person or entity that manufactures or supplies compounds, medical supplies, or equipment, or prescribes the substance or substances utilized to carry out an execution. This is a necessary step in helping to ensure that capital punishment can and will be used in Nebraska. Senator Kuehn, who introduced the bill, persuasively made the point during floor debate that the reason a measure like this has become necessary is because extreme anti-death penalty activists harass, intimidate, and bully drug manufacturers and others involved in assisting the state in carrying out justice. Last November, the citizens of Nebraska had a chance to show the Legislature where they stood on the death penalty when they voted at the polls. The citizens of Nebraska showed – by an overwhelming majority – they want to keep the death penalty. It is now up to the Legislature to ensure that the death penalty can be utilized. Three hours of debate did not result in a vote, but it will return for a vote with three more hours of debate remaining. I will vote in favor of this bill.

Please contact me, or our staff with questions or concerns at (402) 471-2728 or by email at lbrasch@leg.ne.gov; or stop by Room 1022 if you are in the State Capitol. If you would like to follow the Legislature online please visit http://netnebraska.org/basic-page/television/live-demand-state-government. Live broadcasting is also available on NET2.