Feb. 11-14, 2019
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UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 42, Issue 6 / Feb. 11 - 14, 2019 Limitations on Sales tax hike would fund juvenile confinement proposed property tax credits, schools embers of the Judiciary Committee heard testimony MFeb. 14 on a bill that would restrict the use of room confinement for juveniles. LB230, introduced by Lincoln Sen. Patty Pansing Brooks, would prohibit correctional facilities from placing juveniles in room confinement as a result of disciplinary sanctions, staff shortages or retaliation by staff members. The average length of a restrictive confinement at both of the state’s Youth Rehabilitative and Treatment Centers has decreased, she said, but the number of incidents at both facili- ties has increased. Sen. Tom Briese said a majority of the tax dollars generated by LB314 would go back to “Far too often kids are being placed Nebraskans in the form of property tax credits. in restrictive confinement because he Revenue Committee heard only way to do it is to raise revenue.” facility administrators lose patience or testimony Feb. 14 on a bill that LB314 would raise the state sales because it may be more convenient,” T would raise the state sales tax tax rate from 5.5 percent to 6 percent, she said. “[The bill] helps ensure we’re rate, end several state sales and use repeal a personal property tax exemp- keeping children and staff safe in our tax exemptions and impose a surtax tion and eliminate sales and use tax facilities while helping children reha- on high incomes to pay for additional exemptions for a number of services bilitate and become thriving members property tax credits and state aid to including motor vehicle repair, per- of our society.” public schools. sonal care services and lawn care. It The bill specifies that room con- Albion Sen. Tom Briese, sponsor also would impose state sales tax on finement could be used only after of LB314, said the bill would provide candy, soft drinks and bottled water. all other less-restrictive alternatives “immediate and substantial” property The bill would apply a 7.84 percent have been exhausted and the juvenile tax reductions and is more responsible surtax on the income tax liability of poses a serious and immediate secu- than other proposals that do not gen- those with a federal adjusted gross rity threat to themselves or others. erate additional tax revenue. income of $500,000 or more for those The length of confinement would be “As the naysayers and special filing as individuals and $250,000 or restricted to the minimum amount of interests try to pick this thing apart, more for other filers. time needed to resolve any such threat you’ve got to ask yourself: How else The bill also would raise the tax on a while not harming the mental or physi- are we going to deliver property tax pack of cigarettes from 64 cents to $2.14. cal health of the juvenile. relief Nebraskans are demanding in As introduced, LB314 would raise Confined individuals would con- a responsible way?” Briese said. “The excise taxes on the manufacture or (continued page 2) (continued page 3) INSIDE: Meet Sen. Brandt • Redistricting proposals offered • Committee hearing schedule February 11 - 14, 2019 Limitations on juvenile confinement proposed (continued from front page) tinue to have regular access to medical and mental health treatment, meals, contact with parents and legal guard- ians, legal assistance and educational programming. Notice of an offender’s placement in room confinement to their parents or guardians and attorney would be required within one business day. Dylan Murphy of Omaha spoke in support of the bill. As a young person, Murphy said he was repeatedly placed in solitary room confinement and continues to suffer from emotional issues as a result. Sen. Patty Pansing Brooks said there is overwhelming evidence showing the long-term “We know that adolescents have negative impacts of solitary confinement on juveniles. not had the life experience to gain not experience the harmful effects of long-term impacts on an adolescent’s the emotional resources and skills to long-term restrictive confinement. well-being, he said, especially consid- manage the distress caused by solitary “All youth in the juvenile justice ering many already have experienced confinement,” he said. “It took almost system should receive rehabilitative trauma. 20 years for me to stop subconsciously services for a second chance to suc- “Many are traumatized and they waiting every moment of every day for ceed,” Summers said. “[Outdated] need to know that they’re uncon- someone to lock me in a room again and inhumane practices like the use of ditionally loved,” Miller said. “It is for something they didn’t like about extended solitary confinement ... mars important juveniles have authentic me or something that I’d done.” children’s opportunity for rehabilita- relationships and that they can talk to Also supporting the bill was Juliet tion and recovery.” someone nonjudgmental when they’re Summers, representing Voices for Former Boys Town teacher Tom having a hard time.” Children in Nebraska. She said LB230 Miller also spoke in favor of the bill. The committee took no immediate would ensure that the state’s youth do Solitary confinement has devastating action on LB230. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Kate Heltzel; Writers: Kyle Harpster, Ami Johnson, Mike Malloy; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1023, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. The Unicameral Update is available as an audio recording from the Nebraska Library Commission’s Talking Book and Braille Service. Call (800) 742-7691 for more information. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 Sales tax hike would fund property tax credits, schools (continued from front page) wholesale of beer, wine and alcohol “This means districts have had to tion. She said point-of-sale systems in and spirits. Briese said an amendment put more and more revenue demands Nebraska grocery stores are not set up would scale back that increase to address on the backs of local property owners, to identify candy, bottled water and concerns of the state’s craft brewers. The especially our ag landowners, and that soda as taxable items. Upgrades would amendment instead would impose a 3 in itself is a heavy lift, one that we need be prohibitively expensive for many percent sales surtax on alcohol. to lighten,” Moles said. small stores, Siefken said. The bill would direct additional Tiffany Friesen Milone, policy direc- “Even the expensive databases that revenue from these and other changes tor at OpenSky Policy Institute, also list taxable and nontaxable items only to the state’s property tax credit cash testified in support. She said the pro- include 50 percent of taxable prod- fund. The state Department of Rev- posal is a “fiscally responsible solution” ucts, leading retailers to a guessing enue estimates LB314 would direct an to the state’s high reliance on property game of what to tax and what not to additional $268 million to the fund in taxes to fund public schools. The bill tax,” she said. fiscal year 2019-20 and a further $654 pays for investments in property tax Also testifying in opposition was million in FY2020-21. credits and school aid by broadening Jim Engelbart, operations manager The additional revenue also would the state’s sales tax base and eliminating at Empyrean Brewing Co. and presi- be used to increase state aid to public loopholes and tax breaks for the state’s dent of the Nebraska Craft Brewers schools, Briese said. The Legislative high earners, she said. Guild. Nebraska already has a higher Fiscal Office estimates the bill would OpenSky is concerned that the excise tax on beer than any neighbor- direct an additional $81 million in al- proposed sales tax rate increase could ing state, he said, and the proposed located income taxes and $180 million disproportionately harm low- and increase would make its beer tax the in special education reimbursement moderate-income Nebraskans, Friesen highest in the country. funds to schools in FY2020-21. Milone said, but the proposed increase “In 20 years in this business,” John Hansen, president of the in the state’s earned income tax credit Engelbart said, “it would be the single Nebraska Farmers Union, testified in could offset it. biggest price increase we’ve ever had support of the bill, saying it is meant to Testifying in opposition to the bill to take as a manufacturer.” correct an imbalance in how the state was Bryan Slone, president of the Ne- Sarah Curry, policy director at funds public schools.