2010 Legislature Adjourns
The Legislature adjourned its 2010 session on April 14.
During the 60-day session 177 bills were approved and signed by the Governor. Three proposed amendments to the state constitution were approved for votes by the public.
Activities on the session's final day also included tributes to the three senators who are departing the Legislature at the end of the year: Papillion Senator Tim Gay, Columbus Senator Arnie Stuthman, and Omaha Senator Tom White.
Chamber Priorities Gain Final Approval
Some of the Chamber's top priority legislation was approved by the Legislature and the Governor. These include:
- LB 918, introduced and prioritized by Senator Hadley, is an update to the Nebraska Advantage Act that would recognize business models that are increasingly web-based, including those that utilize cloud computing and data centers. Approved 49-0. Signed by the Governor.
- LB 961, introduced by Senator Council and prioritized by the Business and Labor Committee, will provide for a more flexible job training program for residents of Omaha's high-poverty areas. Approved 47-0. Signed by the Governor.
- Extended hours for establishments serving alcoholic beverages. LB 1013, introduced by Senator Rogert and supported by the Chamber, has been amended into LB 861. This would allow a city council or county board to approve allowing the establishments to serve beverages until 2:00 a.m. Approved 40-5. Signed by the Governor.
- LB 1072, introduced and prioritized by Senator Adams, would address the state-aid funding formula for community colleges. This would specify funding levels for each college area, and it would sunset the current formula. A new formula will have to be developed over the next year. Approved 49-0. Signed by the Governor.
- LB 1020, introduced by Senator Lathrop will make changes to the state's unemployment benefit program in order to allow the state to accept $43 million in federal stimulus money to bolster the state's unemployment fund. This was approved 49-0 and signed by the Governor.
Other Legislation of Interest
LB 563, introduced by Senator Lathrop and prioritized by the Business and Labor Committee, would adopt the Contractor Employee Classification Act. This would create a presumption that any person performing delivery services or construction labor services for a contractor is an employee of the contractor and not an independent contractor unless specified requirements have been met. Approved 43-1. Signed by the Governor.
LB 763, introduced by Senator Mello and prioritized by Senator Cornett, would provide for adoption of the Successor Asbestos-Related Liability Act. This would limit liability of employers who did not manufacture or sell products containing asbestos but did acquire other businesses prior to 1972 that were involved in production of such. Approved 47-1. Signed by the Governor.
LB 779, introduced and prioritized by Senator Lathrop would create the Sports Arena Financing Assistance Act. This is intended to assist with the development of publically owned facilities with seating between 3000 and 7000, and would provide a turnback financing mechanism similar to that used for the Omaha convention center and arena. Approved 48-0. Signed by the Governor.
LB 1081, introduced by Senator Mello and prioritized by Senator Cornett, would provide for training grants for teleworkers. Approved 48-0. Signed by the Governor.
LB 1048, introduced and prioritized by the Natural Resources Committee, this is intended to foster development of private wind energy projects. Such projects would export at least 90 percent of electricity generated. The projects would be exempt from personal property taxes, but would instead pay an annual tax of $3518 per megawatt. Proceeds of the tax would be returned to local subdivisions. Approved 48-0. Signed by the Governor.
LB 709, introduced by Senator White and prioritized by Senator Giese, would establish the Small Business Regulatory Flexibility Act. It would require departments to review the economic impact of regulations on small businesses and consider alternatives. It would create of a new regulatory review board, which would include five owners of small businesses. A small business is defined as one that is independently owned and operated and has fewer than 500 employees or gross annual sales less than $6 million. This failed to advance from General File.
LB 999, introduced and prioritized by Senator Campbell, would place a year-and-a-half restriction on new hospital construction except for cases such as underserved rural areas. Final Reading. Approved 41-6. Signed by the Governor.
LB 780, introduced by Senator Lathrop and prioritized by Senator Wallman, would expand workers compensation coverage for first responders to include mental injuries. Currently, coverage is limited to cases that involve physical injuries. This would terminate after four years, giving the Legislature time to gauge the costs this might incur on state and local governments. Approved 40-5. Signed by the Governor.
LB 799, introduced by Senator Krist and prioritized by Speaker Flood, would replace the Uniform Code for Building Conservation with the International Existing Building Code. Approved 46-0. Signed by the Governor.
LB 821, introduced by Senator Fischer and prioritized by the Transportation and Telecommunications committee, would statutorily deem preservation of the existing highway system the first priority of the Department of Roads. Approved 47-0. Signed by the Governor.
LB 879, introduced by Senator Cornett and prioritized by the Revenue Committee is at the request of the Department of Revenue. It is intended to increase enforcement of tax collections, including expansion of the number of taxpayers who would be required to file electronically, and the posting of taxing delinquencies on a web site. Approved 48-0. Signed by the Governor.
LB 888, introduced by Senator Conrad and prioritized by the Banking and Insurance Committee, would adopt the Nebraska Uniform Limited Liability Company Act. Approved 49-0. Signed by the Governor.
LB 925, introduced by Senator Conrad and prioritized by Senator McGill, would require employment of Nebraska laborers for public works projects when the unemployment rate exceeds four percent. This failed to advance from General File.
LB 949, introduced and prioritized by Senator Gloor, adopt the 2009 International Residential Code without the requirement that new single-family and two-family homes have fire sprinklers. This bill remains in the Urban Affairs Committee. Without this legislation, cities will have to approve ordinances to exempt such structures from the new requirement.
LB 952, introduced and prioritized by Senator White, would exempt from state and local sales taxes charges to businesses and individuals related to major utility infrastructure replacements, including those required by federal law. A cloture motion on Select File failed.
LB 1018, introduced by Senator Cornett and prioritized by Senator Coash, would enact the Nebraska Advantage Transformational Tourism and Redevelopment Act. This would provide for the use of local sales tax revenues to assist cultural, recreational, and retail developments. Approved 48-0. Signed by theGovernor.
LB 1079, introduced by Senator Cornett and prioritized by the Revenue Committee, would make changes to the process of appealing property valuations to the County Board of Equalization (CBOE) and the Tax Equalization and Review Commission TERC), including guaranteeing in-person meetings with the CBOE, extending filing dates for appeals TERC, and changing TERC's standard of review. This failed to advance from General File.
LR 295CA, introduced by Senator McGill and prioritized by the Urban Affairs Committee, would provide for a public vote to amend the constitutional amendment that authorize use of revenue bonds to develop property for use by nonprofit enterprises. Approved for the May ballot 42-0.
LR 297CA, would provide for a public vote to amend the constitution to expand allowable funding sources for municipal economic development efforts. Approved for the November ballot 47-0.
For more information about public policy issues issues, contact Dacia Kruse, director of public policy and state issues, or Tim Stuart, manager of transportation development and policy research, at (402) 474-4960.