104th Legislature Convenes on Sad Note


Returning back to work in January started on a sad note in our office and the Capitol.  On January 3rd we learned of the unexpected death of the father of our newly hired Legislative Aide, Tom Venzor. His father was a great man, husband and father who will be dearly missed. At this time, Tom is needed by his family and will be joining us once again in our office when able. We were also saddened to learn on January 8th, a loved, valued and respected Legislative Aide, Chris Keetle unexpectedly passed. As we start this year with heavy hearts and prayers of comfort for these two families, we realize we must move forward in a renewed spirit of hope and promise for the many days ahead.

 

Day 1, Wednesday, January 7th, 2015 our First Session of the One Hundred Fourth Legislature convened. I was among 49 State Senators, families, friends, staff and others gathered to participate or witness the traditional swearing in ceremony. Following came the business of the adoption of temporary rules, election of permanent officers, election of a new speaker, oath of officers, election for chairpersons for the committee on committees, executive board, vice-chairperson of the executive board and election of standing committee chairpersons.  Senator Bill Kintner rose to announce he will bring before the Rules Committee a motion to make voting for chairmanships public and not by secret ballot. We were reminded voting for chairmanships has only been by secret ballot since 1976 and public, open ballot prior to that since 1937. I believe in transparency and will support this motion.

 

Following my re-election I announced my bid in late November for the Chairman of Agriculture Committee and knew it was going to be a steep uphill climb as Senator Jerry Johnson, LD 23, announced his bid following session in the Spring of 2014. Although he won by just one vote, I know he is a man of exceptional experience and abilities and be an excellent chairman. Should I have been elected, I would have been the first woman to serve our Unicameral as an Agriculture Chairwoman in its 78 year history. The standing committees I will serve on are the Revenue Committee and Transportation and Telecommunications, on which I will serve as Vice-Chair.

 

Day 2 began with introduction of new bills and adoption of our temporary rules.  The Inaugural Oath of Offices took place in the afternoon, where swearing in took place for many including the Board of Regents, State Board of Education, Public Service Commission, Attorney General-Elect, State Auditor-Elect, State Treasurer, Secretary of State, Lieutenant Governor-Elect, and the Governor-Elect.

 

It was a great pleasure and honor to be named as one of 5 escorts to lead, at that time, Governor-Elect Pete Ricketts to be sworn in as our new governor. Governor Ricketts’ Inaugural Address was outstanding and his vision for leadership is innovative and inspiring.

 

Day 3 was another day of bill introduction with only 10 days that are allowed for new bill introduction. January 21st is the final day of bill introduction. Once our office is fully staffed we will resume introducing our legislation.

 

The Inaugural Gala took place on Saturday, where Lee and I were greeted by many familiar and dear faces from across our District and State. It was a joyful celebration that will be long remembered by many.

 

In our office Tom Venzor is my Legislative Aide and Katie Wattermann as my Administrative Aide.  Tom is from Schuyler and has an extensive background in various legal work.  Katie is from West Point and knows the district like the back of her hand. If you have any concerns or questions, please contact me and my office via email at lbrasch@leg.ne.gov or via phone at 402-471-2728; or stop by Room 1016 if you are at the Capitol.

Senator Lydia Brasch

Senator Lydia Brasch

Senator Lydia Brasch Visited Kat Country Hub


A selfie with Senator Lydia Brasch and Denise Gilliland, Editor and Chief of Kat Country Hub. Photo Credit also of Denise Gilliland, Editor and Chief, Kat Country Hub.

A selfie with Senator Lydia Brasch  and Denise Gilliland, Editor and Chief of Kat Country Hub. Senator Brasch visited Kat Country Hub while out on the campaign trail in the Spring, prior to the primary election in May. Photo Credit also of Denise Gilliland, Editor and Chief, Kat Country Hub.

Senator Brasch Warns of Scam


Senator Lydia Brasch would like constituents to be aware of a current telephone scam involving an automated message claiming to be from the Internal Revenue Service (IRS). Because many taxpayers are in the process of gathering records in preparation of filing taxes, the timing and nature of these calls can be especially alarming to those unfamiliar with legitimate IRS procedures. The automated messages from these scam calls contain threats of legal proceedings by the IRS and assert that recipients of these scam calls will have their assets seized as the result of their inability to pay their taxes.

 

According to a press release issued by the IRS on April 14, 2014 during a similar scam:

Other characteristics of this scam include:

  • Scammers use fake names and IRS badge numbers. They generally use common names and surnames to identify themselves.
  • Scammers may be able to recite the last four digits of a victim’s Social Security number.
  • Scammers spoof the IRS toll-free number on caller ID to make it appear that it’s the IRS calling.
  • Scammers sometimes send bogus IRS emails to some victims to support their bogus calls.
  • Victims hear background noise of other calls being conducted to mimic a call site.
  • After threatening victims with jail time or driver’s license revocation, scammers hang up and others soon call back pretending to be from the local police or DMV, and the caller ID supports their claim.

However, “The IRS will always send taxpayers a written notification of any tax due via the U.S. mail. The IRS never asks for credit card, debit card or prepaid card information over the telephone.”

 

Senator Brasch urges consumers to be on guard against these scams and to never reveal personal information over the phone after receiving an incoming call. Any organization legitimately requesting such information over the phone will be able to provide alternative contact information to process such requests.

 

The IRS press release continues:

If you get a phone call from someone claiming to be from the IRS, here’s what you should do:

  • If you know you owe taxes or you think you might owe taxes, call the IRS at 1.800.829.1040. The IRS employees at that line can help you with a payment issue, if there really is such an issue.
  • If you know you don’t owe taxes or have no reason to think that you owe any taxes (for example, you’ve never received a bill or the caller made some bogus threats as described above), then call and report the incident to the Treasury Inspector General for Tax Administration at 1.800.366.4484.
  • You can file a complaint using the FTC Complaint Assistant; choose “Other” and then “Imposter Scams.” If the complaint involves someone impersonating the IRS, include the words “IRS Telephone Scam” in the notes.

 

Please refer to the IRS press release that is available at http://www.irs.gov/uac/Newsroom/IRS-Reiterates-Warning-of-Pervasive-Telephone-Scam for more information.

Senator Lydia Brasch

Senator Lydia Brasch

 

Senator Brasch: Interim Update


In just over seven weeks, the 104th Legislature will convene with 17 new senators beginning their tenure, along with a newly elected governor, attorney general, and state auditor. I will also be starting my second term representing District 16. The Capitol is once again filled with increased activity preparing for the upcoming session. This interim has been especially busy and challenging, but fulfilling.

 

I was heartened by our community spirit witnessed when, like countless others, I worked in various capacities following multiple natural disasters. Becoming whole once again to some may have seemed very distant or unachievable from the mounds of broken glass caused by damaging baseball sized hail to twisted metal silos, feedyards relentlessly beaten beyond recognition, countless piles of uprooted trees that once stood tall, and scattered remnants of homes and farmsteads left behind from devastating tornadoes. Yet today, one sees where determination and strong will prevailed as communities are rebuilding ever stronger and more resilient.

 

Thankfully, most received enough rain over the summer to pull out of prior drought conditions. Despite weather related setbacks a successful harvest has been completed or nears completion as we wait for the snow and frigid temperatures to subside.

 

As in years before much of my time was spent visiting or working with constituents of District 16. In the 151 work days since adjournment, I attended over 150 district events, including:

Our three County fairs, with 11 parades;

An annual ride-along review of District 16’s Game and Parks land;

Two annual Road Department ride-alongs (I even operated the concrete paver equipment!); plus

Multiple grand openings/ribbon cuttings or constituent meetings.

 

In September, I was honored to be chosen among 48 policymakers nationwide to participate in the prestigious Henry Toll Fellowship Program coordinated by the Council of State Governments in Lexington, Kentucky. I learned additional skills to effectively advocate for my constituents and navigate and build sound agency relationships for best results for legislation. I also gained valuable advice and a new network of 47 Fellow leaders from coast to coast.

 

A number of important issues we responded to include:

The proposed rule change to the Definition of the Waters of the United States by the EPA;

Various Army Corp of Engineer projects along the Missouri River which disregard landowners’ property rights; and

Multiple Department of Roads issues.

 

I look forward building upon my work and the privilege to once again serve our district and state. We are scheduling Town Hall meetings on December 4 in each county seat to listen to constituents’ views in considering legislation to introduce, support or oppose prior to session commencing January 7, 2015. We also invited representatives from the Nebraska Department of Roads to join us for an update of district projects underway.

 

If you have any concerns or questions, please contact me and my office via email at lbrasch@leg.ne.gov or via phone at 402-471-2728; or stop by Room 1016 if you are at the Capitol.

 

Keeping the Good Life growing in Nebraska,

 

Lydia Brasch

Senator, District 16

Senator Lydia Brasch

Senator Lydia Brasch

Senator Brasch Encourages Young Readers to Write For Letters About Literature


District 16 State Senator Lydia Brasch wants to encourage young readers in grades 4-12 to write a personal letter to an author for the Letters about Literature (LAL) contest, a national reading and writing promotion program. Stressing the importance of practicing their reading and writing skills, Senator Brasch said, “This contest is a fun and creative way to encourage students to read and write. I hope all aspiring authors will consider entering this contest.” Senator Brasch added, “Many classes visit our office at the Capitol every year, and I have learned first-hand how very creative our students are. This will be a wonderful way to let their creativity and brilliance be recognized.”

 

Letters can be addressed to any author from any genre explaining how that author’s work changed the student’s view of the world. Prizes will be awarded on both the state and national levels. A panel of judges from Nebraska Center for the Book will then select the state winners, who will be honored in a proclamation-signing ceremony at the State Capitol during National Library Week in April 2015. Winning letters will be displayed in the Jane Pope Geske Heritage Room of Nebraska Authors at Bennett Martin Public Library in Lincoln.

 

State winners will also receive state prizes and advance to the national competition where a panel of national judges for the Center for the Book in the Library of Congress will select one National Winner per competition level (Level I for grades 4-6, Level II for grades 7-8, and Level III for grades 9-12). Winners will receive a $1,000 cash award, to be announced May 2015. The judges will also select one National Honor winner on each competition level to receive a $200 cash award.

 

Submissions from grades 9-12 must be postmarked by December 15, 2013 and submissions from grades 4-8 by January 15, 2014.

 

Nebraska-specific information (including letters from Nebraska winners of past contests) is available at http://centerforthebook.nebraska.gov/programs/LAL.html. For more information contact Mary Jo Ryan, maryjo.ryan@nebraska.gov, 402-471-3434, or 800-307-2665.

District 16 State Senator Lydia Brasch wants to encourage young readers in grades 4-12 to write a personal letter to an author for the Letters about Literature (LAL) contest, a national reading and writing promotion program. Stressing the importance of practicing their reading and writing skills, Senator Brasch said, “This contest is a fun and creative way to encourage students to read and write. I hope all aspiring authors will consider entering this contest.” Senator Brasch added, “Many classes visit our office at the Capitol every year, and I have learned first-hand how very creative our students are. This will be a wonderful way to let their creativity and brilliance be recognized.”

 

Letters can be addressed to any author from any genre explaining how that author’s work changed the student’s view of the world. Prizes will be awarded on both the state and national levels. A panel of judges from Nebraska Center for the Book will then select the state winners, who will be honored in a proclamation-signing ceremony at the State Capitol during National Library Week in April 2015. Winning letters will be displayed in the Jane Pope Geske Heritage Room of Nebraska Authors at Bennett Martin Public Library in Lincoln.

 

State winners will also receive state prizes and advance to the national competition where a panel of national judges for the Center for the Book in the Library of Congress will select one National Winner per competition level (Level I for grades 4-6, Level II for grades 7-8, and Level III for grades 9-12). Winners will receive a $1,000 cash award, to be announced May 2015. The judges will also select one National Honor winner on each competition level to receive a $200 cash award.

 

Submissions from grades 9-12 must be postmarked by December 15, 2013 and submissions from grades 4-8 by January 15, 2014.

 

Nebraska-specific information (including letters from Nebraska winners of past contests) is available at http://centerforthebook.nebraska.gov/programs/LAL.html. For more information contact Mary Jo Ryan, maryjo.ryan@nebraska.gov, 402-471-3434, or 800-307-2665.

Senator Lydia Brasch

Senator Lydia Brasch

Senator Brasch Calling for Legislative Page Applicants


Senator Lydia Brasch is encouraging high school graduates from Legislative District 16 to apply for a legislative page position in the Unicameral. Since 2010, Senator Lydia Brasch has had the pleasure of working with legislative pages from District 16. “The experience these pages have in working with various members of the Legislature and committees is invaluable and brings lifelong rewards in many ways,” said Senator Brasch. “In visiting with previous legislative pages from District 16, they highly recommend this experience to their peers and continue to use the valuable skills they learned at the Legislature.”

 

The Clerk of the Legislature’s Office is accepting legislative page applications for the 2015 Legislative Session until 5:00 p.m. on October 3, 2014. According to the Office of the Clerk of the Legislature:

 

Requirements: Pages must be high school graduates who are currently enrolled in a Nebraska college or trade school with a minimum grade point average of 2.5 on a 4.0 scale. They must be able to work 20 hours a week during session. It is preferred that they work the same four-hour shift each day. The legislative session will begin January 7, 2015, and go through June of 2015. This is a paid position and you may also be able to receive credit hours through your college.

 

To Apply: Applications are available through the Clerk of the Legislature’s Office, Room 2018, State Capitol, 1445 K Street, or through your state senator’s office. A page applicant is also encouraged to contact his or her home district state senator for a letter of recommendation.

 

Deadline: The page application deadline for the 2015 legislative session is by 5:00 p.m. on October 3, 2014. The page selection committee will meet in October to interview and select individuals to fill those positions to start January 7, 2015

 

Contact: For further information, please contact the Office of the Clerk of the Legislature at 402-471-2271 or Kitty Kearns at 402-471-0617 email: kkearns@leg.ne.gov.

Senator Brasch

Senator Brasch

Senator Brasch and 26 Other Senators Send Letter to EPA


Senator Lydia Brasch, District 16, submitted a letter last week to the United States Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) to convey strong opposition to the proposed definition of “Waters of the United States” (WOTUS). Signed by 26 other Nebraska State Senators, the letter criticizes the broad scope of the new rule and urges the EPA and Corps to work cooperatively with Nebraska’s state and local agencies.

 

Emphasizing concerns expressed by landowners, especially those involved in agriculture, Senator Brasch said, “The proposed definition poses a very serious threat to our individual property rights because all waters, from farm ponds to streams, in Nebraska could be subject to federal control. Farmers, ranchers, and other landowners could see increased federal government regulations over portions of their land.”

 

 

The Honorable Gina McCarthy                                                   The Honorable John M. McHugh

Administrator                                                                                                                      Secretary

U.S. Environmental Protection Agency                                                     Department of the Army

1200 Pennsylvania Avenue, NW                                                           The Pentagon, Room 3E700

Washington, D.C. 20460                                                                             Washington, D.C. 20310

RE: Opposition to Proposed Definition of “Waters of the United States”

Dear Administrator McCarthy and Secretary McHugh:

As Members of the Nebraska Unicameral Legislature, we write you in opposition to the Environmental Protection Agency’s (EPA) proposed definition of “Waters of the United States” under the Clean Water Act (CWA).

We are especially concerned about the effect this rulemaking will have on our farmers, ranchers, and other landowners in the state of Nebraska. Under the new definition, streams, farm ponds, and irrigation ditches, among other waters, could be considered “waters of the United States.” This brings the potential for cumbersome oversight and convoluted permitting processes.

Essentially a catch-all provision for waters that do not otherwise meet the broad scope of definitions listed in the rule, the “other waters” provision gives us great trepidation. Under this category, any and all waters showing a “significant nexus” to traditional navigable waters will be federally controlled. This is a tenuous regulatory interpretation of the CWA that gives the federal government virtually limitless control of currently state-controlled waters. Not only does this irreconcilably supersede the clear intent of Congress, but it undermines the Supreme Court decisions in SWANCC and Rapanos, which determined that the EPA and the Corps do not have limitless authority over water.

We share the concerns of the Western Governors’ Association: “[W]e are concerned that this rulemaking was developed without sufficient consultation with the states and that the rulemaking could impinge upon state authority in water management.”

The authority of the individual states to manage the water located within their boundaries is unambiguously recognized in the CWA. Section 101(g) of the Act establishes this right and the duty of federal agencies to work cooperatively with state and local agencies:

It is the policy of Congress that the authority of each State to allocate quantities of water within its jurisdiction shall not be superseded, abrogated or otherwise impaired by this Act. It is the further policy of Congress that nothing in this Act shall be construed to supersede or abrogate rights to quantities of water which have been established by any State. Federal agencies shall co-operate with State and local agencies to develop comprehensive solutions to prevent, reduce and eliminate pollution in concert with programs for managing water resources.

The proposed rule undermines this specific, express charge by Congress because it does not allow states to maintain their sovereignty with regard to water management, opting instead for a one-size-fits-all determination by federal agencies.

It is our hope that federal agencies will work cooperatively with Nebraska and other states to harmoniously address environmental concerns, state sovereignty, and individual landowner rights. According to the Western Governors’ Association, in its letter dated March 25, that cooperative relationship was not established during the rulemaking process. Therefore, we urge you to include Nebraska’s state and local leaders, as well as state and local leaders nationwide, in this rulemaking process.

Thank you for your time and consideration. We look forward to future collaboration with you.

Sincerely,

 

 

 

Lydia Brasch

District #16

Kate Sullivan

District #41

 

Tom Carlson

District #38

 

Mark Christensen

District #44

 

Colby Coash

District #27

 

Al Davis

District #43

 

Annette Dubas

District #34

 

Tommy Garrett

District #3

 

Tom Hansen

District #42

 

John Harms

District #48

 

Charlie Janssen

District #15

 

Jerry Johnson

District #23

 

Bill Kintner

District #2

 

Bob Krist

District #10

 

Beau McCoy

District #39

 

John Murante

District #49

 

John Nelson

District #6

Pete Pirsch

District #4

 

Jim Scheer

District #19

 

Paul Schumacher

District #22

 

Les Seiler

District #33

 

Jim Smith

District #14

 

Norm Wallman

District #30

 

Dan Watermeier

District #1

 

Galen Hadley

District #37

 

Mike Gloor

District #35

 

Kathy Campbell

District #25

###

Senator Brasch

Senator Brasch

Senator Brasch Campaigns at Burt County Fair Parade


Senator Lydia Brasch campaigning at the fair parade. All photos credit of Denise Gilliland, Editor and Chief, Kat Country Hub.

Senator Lydia Brasch campaigning at the fair parade. All photos credit of Denise Gilliland, Editor and Chief, Kat Country Hub.

IMG_8483

Senator Brasch in Lyons Parade


Senator Lydia Brasch and her campaign assistants went through the Lyons parade. Both photos credit of Denise Gilliland, Editor and Chief, Kat Country Hub.

Senator Lydia Brasch and her campaign assistants went through the Lyons parade. Both photos credit of Denise Gilliland, Editor and Chief, Kat Country Hub.

DSC04657

Comments on EPA’s Water Rights Needed by July 21st


Nebraska’s public and private water rights are being jeopardized by the federal government, and public comments must be submitted to the Environmental Protection Agency (EPA) by July 21.

 

On March 25 the EPA, in conjunction with the U.S. Army Corps of Engineers (Corps), issued a proposed rule change that would redefine the definition of “Waters of the United States” under the Clean Water Act (CWA). Arguing that their proposal would “enhance protection for the nation’s public health” and “increase CWA program predictability and consistency”, the EPA intends to expand federal jurisdiction of the nation’s waterways. Under this new definition, the federal government could gain control of our water. This would include wetlands as well.  Essentially, even ditches that collect rain water may be subject to EPA control. Farmland will almost assuredly be affected by this rule change.

 

For this past year, Senator Lydia Brasch has been in ongoing contact with various national and state leaders, agriculture organizations, and others to address concerns from landowners, including declaration of federally environmentally protected areas and an effort by the EPA to purchase land flooded by the 2011 flood. The proposed rule expands the scope of the CWA beyond its original intent in 1972, when it was passed. Sen. Brasch states, “The proposed definition poses a very serious threat to our individual property rights because all waters, from farm ponds to streams, in Nebraska could be subject to federal control. Farmers, ranchers, and other landowners could see increased federal government regulations over portions of their land.”

 

Public comments on the issue are due on or before July 21. Submit your comments, identified by Docket ID No. EPA-HQ-OW-2011-0880, at http://www.regulations.gov; by emailing them to ow-docket@epa.gov, including the Docket ID No. in the subject line; or by mailing the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Attention: Docket ID No. EPA–HQ–OW–2011–0880.

Senator Lydia Brasch

Senator Lydia Brasch