Vol. XXXVI No. 19 UNICAMER AL May 13 - 16, 2013

• the Legislature’s news source since 1977 • stories published daily at update.legislature.ne.gov UPDATE Attempt to end death penalty stalls fter eight hours of debate spanning two days, an attempt to force a vote on a bill that would repeal ANebraska’s death penalty failed May 14. LB543, as introduced by Omaha Sen. , would replace death penalty provisions with the sentence of life without the possibility of parole. The provisions of the bill would apply retroactively to inmates currently serving capital punishment sentences. It was the 37th time that Chambers has introduced such legislation. The bill also would allow the court to require payment to a victim’s estate for any pain and suffering to the victim caused by the offense. Chambers said the death penalty is random, arbitrary and has no clear standards for how it is applied statewide. He said the “vilest” criminal still is a human being who should be treated with basic human dignity. “Some who oppose the bill may wave the bloody shirt and try to play on emotions with horrendous crimes,” Chambers said. “People who say they support the death penalty do not know what a grotesque ceremony it is.” Lincoln Sen. offered an amendment May 13 that he said was technical and would eliminate language in statute referring to “capital punishment” and replace it with “life without the possibility of parole.” The amend- ment was later divided into three components. This is the 37th year that Sen. Ernie Chambers has introduced a bill to (continued page 2) abolish the death penalty in Nebraska. Veto overridden, teacher retirement changes adopted awmakers successfully overrode the first time on or after July 1, 2013. defined benefit pension plans,” he a veto May 14 of a bill that Senators had passed the bill May 7 said. “The taxpayers should also have a Lmakes changes to the state’s on a 34-0 vote. In his veto letter, Gov. seat at the negotiating table to develop school retirement plans. Dave Heineman said the bill does not transparent, long-range solutions.” LB553, introduced by Omaha Sen. represent a sustainable long-term solu- Nordquist filed a motion to over- Jeremy Nordquist, creates a new tier of tion and called for a thorough study ride the veto, saying the school retire- reduced benefits for employees under of alternative solutions. ment plan’s liability is an obligation the School Employees Retirement “This bill does not present com- of the state that must be addressed. System (SERS) who begin work for prehensive, long-term solutions to the “No matter what we do to this plan (continued page 4)

INSIDE: Budget package clears second round • New public school funding adjustments adopted May 13 - 16, 2013 Attempt to end death penalty stalls (continued from front page) Coash said he has come to support the repeal of the death penalty because it is unlikely that it ever will be carried out. Without an execution the death penalty is meaningless, he said. Chambers supported the amend- ment, saying it would streamline the bill. Fremont Sen. Charlie Janssen op- posed the bill and the divided amend- ment, saying the death penalty is a deterrent to others who might com- mit violent crimes and also provides authorities leverage when seeking confessions in homicide cases. Sen. Beau McCoy of Omaha also opposed the bill and the divided amendment. He offered, and later

withdrew, a motion to bracket the bill Sens. Beau McCoy (left) and Colby Coash discuss the bill during debate. until June 5, 2015. “There are communities that have Scottsbluff Sen. John Harms sup- evolved. He said that he attended the experienced the most heinous crimes,” ported the bracket motion, citing execution in support of the death he said. “I believe that the individuals details of a homicide that occurred in penalty for Charles Starkweather, on death row belong there.” his community. who murdered 11 people in Nebraska “There are some and Wyoming in the 1950s. Since crimes that are so that time, he said, studies have sug- heinous they deserve gested that the death penalty is applied death,” he said. disproportionately, so he no longer Chambers disagreed supports it. and said the term “hei- “More minorities are on death row nous” itself is ambigu- than white people,” Hadley said. “If ous and often misused the victim was a white person, then the in homicide cases. The chances of the perpetrator getting the federal court has over- death penalty are significantly higher turned many death pen- than if the victim was a minority.” alty cases because the Omaha Sen. Steve Lathrop also language was inappro- opposed the bracket motion. Since priately utilized during 1973, 1,600 homicides have occurred the trial, he said. in Nebraska, he said, but only 33 of Kearney Sen. Ga- those who were convicted of first-de- len Hadley—who once gree murder were sentenced to death. supported the death The death penalty should be repealed penalty—opposed the because such sentences cost the state bracket motion, saying roughly three times more than a sen- his convictions about tence of life without the possibility of Sen. Galen Hadley explained how evidence of unfair application of the death penalty has changed his opinion. the death penalty have (continued next page)

PAGE 2 • UNICAMERAL UPDATE • 103RD LEGISLATURE May 13 - 16, 2013 parole, he said, and they are unlikely the motion. to be carried out. Ashford of- Lincoln Sen. Danielle Conrad said fered an amend- death penalty cases are costly because ment that would they are unique, litigated differently eliminate the and must have three separate trials. At proposed retro- each stage there are at least 40 differ- active provisions ent grounds for appeal, she said, and and said it would without the death sentence the cost rectify some sena- involved in the second and third trials tors’ concerns would be eliminated. about releasing Omaha Sen. also those who were offered a motion to bracket the bill convicted in prior in an attempt to gauge how senators homicide cases. would vote on the bill and the Coash The amendment amendments. would make the “This vote, in my view, is a vote in bill apply only to favor of or against LB543, and that is future homicide why I brought the motion,” he said. “A cases, he said. vote for the bracket motion is a vote “As a [legisla- against the bill and a vote against the tive] body we are bracket motion is a vote for the bill.” trying not to take The motion failed on an 18-26 the stand that we vote. Twenty-five votes are required will overrule what Sen. Brad Ashford proposed an amendment that would prevent the for passage of a bill; thirty are needed the court previ- bill from applying to those currently on death row. to override a governor’s veto. ously has determined in those deci- Chambers offered a motion to Holdrege Sen. offered sions,” he said. “We are attempting invoke cloture, an attempt to cease an amendment, adopted 26-6, which to come up with policy that will make debate and force a vote on the bill. The would add the following language: Life the public safe, and the simple fact is motion failed 28-21, five votes short is the most valuable possession of a that the homicide rate in Nebraska of the number required for adoption. human being. The State of Nebraska fluctuates while the death penalty has A failed cloture motion results in should exercise utmost care to protect been in effect.” debate on a bill ceasing for the day. g its residents’ lives, born and unborn, from homicide, accident and arbitrary taking by the state. Qualifications to run for the If the death penalty were repealed, Carlson said, concern about taking Legislature innocent lives should be extended to include unborn babies. To qualify to run for office in the , a candidate Chambers opposed the amend- must: ment and called it vindictive and irrel- • be at least 21 years of age; evant. He filed a motion to reconsider • be a resident of Nebraska, and specifically a resident of the legis- the vote taken on the amendment, lative district he or she wishes to serve, for at least one year prior which was adopted 29-5. to the general election; and Carlson withdrew his amendment. • never have been convicted of a felony. On May 14, Chambers introduced a motion to bracket the bill until May For more detailed information on qualifications and filing for office, 21, saying additional work needed to please contact your local county clerk or election commissioner, or be done on the bill. He later withdrew visit the Nebraska Secretary of State’s website at www.sos.ne.gov.

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 May 13 - 16, 2013

Veto overridden, teacher retirement changes adopted (continued from front page) going forward, [the liability] will still be there,” he said. “If we skip out on our pension obligation, there’s the possibil- ity that it will affect the credit rating of the state and all of the school districts who pay into the retirement plan.” Omaha Sen. Steve Lathrop sup- ported the motion to override, saying that sustaining the veto would mean using the state’s cash reserves to ad- dress the problem. “We cannot stick our head in the sand on this,” Lathrop said. “[If we don’t override the veto,] we will have to spend $98 million over the biennium for no reason.” O’Neill Sen. op- posed the motion to override the veto. He said the bill would not address fundamental issues with the school retirement plan. “If we don’t address this with real sweeping change, we’re going to con- Sen. Jeremy Nordquist explained potential repercussions if the bill were not to pass. tinue to have this problem five or 10 into account a five year salary average week to 20 hours; and years down the road,” he said. to determine benefits instead of the • the sunset will be eliminated Senators voted 32-1 to override the three year average used currently. The from the school budget and governor’s veto. Thirty votes were need- maximum cost-of-living adjustment lid exclusions for expenditures ed. The bill goes into immediate effect. will be 1 percent instead of the current above the Class V employer The new benefits tier will take 2.5 percent adjustment figure. The contribution rate of 7.37 per- changes will not apply to members of cent and the school employer SERS prior to July 1, 2013. contribution of 7.35 percent. The bill also makes a series of other LB553 also incorporates provisions changes to the plans, some of which from three other bills introduced by include: Nordquist. • the state statutory contribution LB554 applies the provisions of rate will be increased from 1 LB553 to all Class V school employees percent to 2 percent of total hired after July 1, 2013. compensation of all school em- LB305 changes the amortization ployees beginning July 1, 2014; method in the Nebraska State Patrol • the amortization method in the Retirement Act from level dollar to School Employees Retirement level percentage of salary beginning Act will be changed from level July 1, 2013. dollar to level percentage of sal- LB306 changes the amortization ary beginning July 1, 2013; method in the Judges Retirement Act • eligibility for membership in from level dollar to level percentage of the school retirement plan will salary beginning July 1, 2013. g be changed from 15 hours per

PAGE 4 • UNICAMERAL UPDATE • 103RD LEGISLATURE May 13 - 16, 2013

sions of LB504, orig- tions Committee normally opposes Appropriations inally introduced by changes to the budget package, but Coash, which would that the Coash amendment did not Budget package clears expand the com- monetarily alter LB199. second round mission’s ability to “It has no fiscal impact on the bud- utilize the agency’s get at all,” he said. “It simply provides Lawmakers gave second-round ap- Designated Collec- flexibility to the Indian Commission.” proval May 14 to the eight bills com- tion Fund. Sen. Colby Coash Following adoption of the Coash prising the state’s $7.8 billion budget Coash said the fund was estab- amendment 37-0, package. The state budget is structured lished by the Legislature in 2010 to senators adopted on a two-year basis, with the budget address alcohol issues near Whiteclay, a technical amend- enacted during legislative sessions held Nebraska. However, he said, the law ment on a 38-0 in odd-numbered years. was crafted so narrowly that the com- vote and advanced Among the amendments consid- mission has not been able to utilize the bill to final ered on select file was a change to the funds. reading by voice LB195, offered Under the amendment, a political vote. Sen. Annette Dubas by Omaha Sen. subdivision would be redefined to Fullerton Sen. Annette Dubas of- Ernie Chambers, mean a city, village or county within fered an amendment to LB194 that which would in- a 60-mile radius of an Indian reserva- would require the Legislative Council crease funding tion or a tribal government that owns to contract for an independent study to the Nebraska land within the 60-mile radius. Cur- on whether the state should purchase Commission on rent law defines a political subdivision a plane and, if so, which plane would Indian Affairs by Sen. Ernie Chambers as a city, village or county within 30 best fit the state’s needs. $18,000 per year in fiscal years 2013-14 miles of a census designated place. Senators amended the bill on gen- and 2014-15. “Those very narrow parameters eral file to remove funding for the pur- The commission does important assured that only … Whiteclay could chase of a 2001 King Air and to require work for Nebraska’s Native peoples, apply for those funds,” Coash said. the state Department of Aeronautics to Chambers said, with minimal fund- “These limitations on this fund have contract for a study of the issue. ing and assistance from the state. Ad- proven to be too limiting.” Dubas said the Legislature is the ditional funding would help support The amendment also would: best choice to provide oversight for the their mission, he said. • expand grant eligibility to in- study because it is the entity respon- “It will create, in that office, the clude nonprofit corporations; sible for appropriating any funds that opportunity to do a bit more than is • remove the requirement that a would be spent to purchase a plane. being done now,” Chambers said. political subdivision’s applica- Hoskins Sen. Lincoln Sen. Bill Avery supported tion receive a public hearing; supported the amendment, saying Ne- the amendment, saying the commis- • add education to the list of braska has many options that should sion underwent severe budget cuts items for which a political sub- be explored fully. during the recent recession and long division may use the funds; and “Let’s get the study done, let’s has been understaffed. • allow the commission to use decide whether or not the state needs “That agency is run by some of the funds directly for economic to own a plane and then let’s follow most competent people in state govern- development, education, health where the study leads,” he said. ment,” he said. care and law Sen. Scott Price of Bellevue ex- The amendment was adopted 36- enforcement pressed concern about not providing 0. Following adoption of a technical if no appli- funds in this budget cycle to purchase amendment on a 39-0 vote, LB195 cants are ap- the plane, saying he felt “hood- advanced to final reading by voice vote. proved. winked.” Price said several senators Lincoln Sen. Colby Coash offered an Chairperson had thought that funds for the plane amendment to LB199, a bill that would Sen. could be appropriated now and used make various cash fund transfers. The said the Appropria- later this year based on the results of amendment would incorporate provi- Sen. Heath Mello

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 May 13 - 16, 2013 an independent study. The exchange will be established cess. Others may lack English language “I am concerned that we are being in Nebraska under the Affordable or literacy skills, he said. told that we have no ability to put dol- Care Act (ACA), which requires that “The bill provides accountability lars towards a program and have that all exchanges include programs to as- and oversight for those who assist the acted on,” he said. sist individuals in navigating the new working poor,” Harr said. Mello explained that the Legis- system. An initial navigator license fee lature cannot, in this circumstance, Nebraska’s exchange must be op- would be established by the depart- appropriate funds to a state agency erational by Oct. 1, 2013, and states ment and could not exceed $50 for an and stipulate at a future date how it have the authority to license and individual license and $100 for an en- may be spent. He said lawmakers must regulate navigators. tity. Licenses would be issued for two wait until next year to take action on LB568, introduced by Omaha Sen. years and could be renewed for a fee, the results of the study. Burke Harr, would conditional on ongoing training and “That’s the only way you can do establish a regulato- continuing education requirements. this without crossing the separation ry system within the Navigators would be prohibited of powers issue,” Mello said. state Department of from: The Dubas amendment was ad- Insurance for navi- • engaging in any activities that opted 25-0 and the bill advanced by gators in Nebraska. would require an insurance voice vote. A Banking, producer license; Also advanced to final reading Commerce and In- Sen. Burke Harr • offering advice about which were: surance Committee amendment, health plan is better or worse • LB196, which would provide adopted 35-0, became the bill. Under for a particular individual or for the $12,000 annual salaries the amendment, navigators would be employee; of Nebraska’s 49 state senators; required to be licensed by the depart- • recommending or endorsing a • LB197, which would fund sala- ment and could: particular health plan; ries and benefits for judges and • conduct public education ac- • advising consumers about constitutional officers; tivities; which health plan to choose; • LB198, which would fund capi- • distribute fair and impartial • providing information or ser- tal construction projects and general information concerning vices related to health plans not property acquisition; enrollment in qualified health offered in the exchange; • LB200, which would provide plans and public insurance pro- • accepting compensation de- transfers from the cash reserve; grams offered in the exchange; pendent on whether a person and • facilitate enrollment in quali- enrolls in or purchases a quali- • LB536, which would approve fied health plans without sug- fied health plan; or claims against the state. gesting a particular plan; • failing to respond to an inquiry • provide referrals to appropriate from the director. state or federal agencies; and Lincoln Sen. Danielle Conrad Banking, • provide information in a cultur- opposed the bill and the amendment ally and linguistically appropri- during debate May 15. She offered Commerce & ate manner. a motion to recommit LB568 to the Harr said that once the exchange Banking, Commerce and Insurance Insurance is in place, the state will have until Committee, followed by a series of Insurance navigator bill January 2014 to sign up approximately amendments. advanced 217,000 people who will be eligible to Conrad said that all of the prohib- purchase health insurance through the ited navigator activities outlined in Senators advanced a bill from gen- new system. the bill already are actionable under eral file May 16 that would regulate Many of those individuals never state and federal law, so there is no individuals and entities applying for will have had health insurance before, reason for the Legislature to rush into and acting as navigators in the state’s Harr said, and will need the assistance regulating navigators at the state level. health benefit exchange. of navigators to understand the pro- She said the committee had worked

PAGE 6 • UNICAMERAL UPDATE • 103RD LEGISLATURE May 13 - 16, 2013 hard on the bill, but that ever-changing • an averaging adjustment thresh- federal regulations regarding health old equivalent to the average Health & Human exchanges make it unclear how the basic funding for all school dis- state should proceed. tricts with 900 or more formula Services “I think at this stage in the game we students; Children’s behavioral health have far more questions than we have • a teacher education allowance bill advances answers,” Conrad said. of $30 million with distribu- The Legislature adjourned for tion based on teacher education Senators gave first-round ap- the day before voting on the motion. points; proval May 16 to a bill intended When lawmakers reconvened May 16, • 50 percent of teacher education to expand the use of telehealth Conrad said that several senators were allowance paid as teacher educa- services to address children’s be- working on a compromise amendment tion aid; havioral health needs in Nebraska. that would be offered on select file. As • an instructional time allowance Lincoln Sen. Amanda McGill, intro- a result, she withdrew the motion to of $20 million with distribution ducer of LB556, recommit the bill to committee and based on the average days in said one out of five the additional amendments. session in excess of 175 days children in the LB568 advanced to select file on multiplied by formula students; United States suf- a 37-0 vote. • 50 percent of instructional time fers from a mental allowance paid as instructional health condition. time aid; and Of those children, Education • 2 percent additional budget she said, only 20 Sen. Amanda McGill growth with 75 percent board percent receive any form of treatment, New public school funding approval with the expenditures leaving them at risk for school failure, adjustments adopted included in the general fund entry into the juvenile justice system operating expenditures for and suicide. Lawmakers passed a bill May 15 FY2013-14 only. “We need to accept that mental that adjusts the state aid funding for- The bill eliminates the local choice health is a children’s health issue,” mula for public schools under the Tax adjustment beginning in FY2013-14 McGill said. Equity and Educational Opportuni- and limits the summer school al- A Health and Human Services ties Support Act (TEEOSA). lowance to reported summer school Committee amendment, adopted LB407, introduced by Cedar Rap- expenditures that are not included in 39-0, became the bill. As amended, ids Sen. Kate Sul- other allowances. It also clarifies that LB556 would require the state Depart- livan, reduces the expenditures included in the poverty ment of Health and Human Services base limitation rate and limited English proficiency al- to develop rules and regulations for for school districts lowances cannot be included in other utilizing telehealth services for chil- from 2.5 percent to allowances. dren’s behavioral health. 1.5 percent for the Additional budget authority for The bill also would remove a cur- 2013-14 school year. early childhood education will be in- rent restriction on coverage for utiliz- The rate will revert Sen. Kate Sullivan cluded in the calculation of TEEOSA ing telehealth services if comparable to 2.5 percent for each subsequent aid when programs move away from services are within 30 miles of a child’s school year. grant funding. Voluntary termination place of residence. The bill includes additional chang- agreements will be excluded from the Committee chairperson Sen. es to the funding formula, including: budget, but only when districts can Kathy Campbell of Lincoln said the • a base limitation rate of 1.5 prove a net savings in salary and ben- bill would remove barriers to the percent for fiscal year 2013-14 efits over a five-year period. state’s limited children’s behavioral and 2.5 percent thereafter; The bill passed on a 47-0 vote. health services by expanding access • a local effort rate of $1.03 for to the telehealth system. FY2013-14 and FY2014-15 and The bill would establish a pilot $1.00 thereafter; program for telehealth behavioral ser-

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 May 13 - 16, 2013 vices that would include three clinics, Senators advanced the bill to select three components. with at least one urban and one rural file on a 35-0 vote. He said he has come to support the clinic. Parents of children in pediatric repeal of the death penalty because it practices within the pilot clinics would is unlikely that it ever will be carried be offered routine mental and behav- Judiciary out. Without an execution the death ioral health screenings for their child penalty is meaningless, he said. during required school physical exams Cloture attempt on death Chambers supported the amend- or at the request of a parent. penalty abolition fails ment, saying it would streamline the Children identified through screen- bill. ing as being at risk could be referred After eight hours of debate span- Fremont Sen. Charlie Janssen op- for further evaluation and treatment, ning two days, an attempt to force a posed the bill and the divided amend- and faculty and staff of several pro- vote on a bill that would repeal Ne- ment, saying the death penalty is a grams at the University of Nebraska braska’s death penalty failed May 14. deterrent to others who might com- Medical Center would be available via LB543, as introduced by Omaha mit violent crimes and also provides telehealth to the primary care practice. Sen. Ernie Chambers, would replace authorities leverage when seeking The bill would require that an ap- death penalty confessions in homicide cases. propriately trained staff member or provisions with Sen. Beau McCoy of Omaha also employee be available in person to a the sentence opposed the bill and the divided child receiving telehealth services in of life without amendment. He offered, and later case of an emergency situation. The the possibility withdrew, a motion to bracket the bill requirement could be waived by the of parole. The until June 5, 2015. parent. provisions of the “There are communities that have “[The bill] gives parents the option bill would apply Sen. Ernie Chambers experienced the most heinous crimes,” to exercise discretion regarding their retroactively to inmates currently serv- he said. “I believe that the individuals child’s needs,” Campbell said. ing capital punishment sentences. It on death row belong there.” McGill offered an amendment, was the 37th time that Chambers has Scottsbluff Sen. John Harms sup- adopted 34-0, that would require introduced such legislation. ported the bracket motion, citing development of a safety plan prior to The bill also would allow the court details of a homicide that occurred in the provision of an initial telehealth to require payment to a victim’s estate his community. service in cases where there is a threat for any pain and suffering to the victim “There are some crimes that are so that a child may harm himself or her- caused by the offense. heinous they deserve death,” he said. self or others. Chambers said the death penalty Chambers disagreed and said the Data from the pilot programs is random, arbitrary and has no clear term “heinous” itself is ambiguous would be collected and evaluated by standards for how it is applied state- and often misused in homicide cases. the Munroe-Meyer Institute and the wide. He said the “vilest” criminal The federal court has overturned pilot program would terminate after still is a human being who should be many death penalty cases because the two years. treated with basic human dignity. language was inappropriately utilized Sen. Annette Dubas of Fullerton “Some who oppose the bill may during the trial, he said. supported the bill and the amend- wave the bloody shirt and try to play Kearney Sen. Galen Hadley—who ments. She said the pilot program is an on emotions with horrendous crimes,” once supported the death penalty—op- important step in helping parents of Chambers said. “People who say they posed the bracket motion, saying his children with behavioral and mental support the death penalty do not convictions about the death penalty health problems – which continue to know what a grotesque ceremony it is.” have evolved. He said that he attended be stigmatized – to get the help that Lincoln Sen. Colby Coash offered the execution in support of the death they need. an amendment May 13 that he said penalty for Charles Starkweather, who “This bill is meant to support was technical and would eliminate murdered 11 people in Nebraska and parents who, more often than not, language in statute referring to “capital Wyoming in the 1950s. Since that feel very lost, scared and confused,” punishment” and replace it with “life time, he said, studies have suggested Dubas said. without the possibility of parole.” The that the death penalty is applied dis- amendment was later divided into

PAGE 8 • UNICAMERAL UPDATE • 103RD LEGISLATURE May 13 - 16, 2013 proportionately, so he no longer Nebraska should exercise utmost care supports it. to protect its residents’ lives, born and Retirement “More minorities are on death row unborn, from homicide, accident and than white people,” Hadley said. “If arbitrary taking by the state. Senators override veto; school the victim was a white person, then the If the death penalty were repealed, retirement plan changes chances of the perpetrator getting the Carlson said, concern about taking adopted death penalty are significantly higher innocent lives should be extended to than if the victim was a minority.” include unborn babies. Lawmakers successfully overrode Omaha Sen. Steve Lathrop also Chambers opposed the amend- a veto May 14 of a bill that makes opposed the bracket motion. Since ment and called it vindictive and irrel- changes to the state’s school retire- 1973, 1,600 homicides have occurred evant. He filed a motion to reconsider ment plans. in Nebraska, he said, but only 33 of the vote taken on the amendment, LB553, introduced by Omaha those who were convicted of first-de- which was adopted 29-5. Sen. Jeremy Nor- gree murder were sentenced to death. Carlson withdrew his amendment. dquist, creates a The death penalty should be repealed On May 14, Chambers introduced new tier of re- because such sentences cost the state a motion to bracket the bill until May duced benefits roughly three times more than a sen- 21, saying additional work needed to for employees tence of life without the possibility of be done on the bill. He later withdrew under the School parole, he said, and they are unlikely the motion. Employees Re- to be carried out. Ashford offered an amendment tirement System Sen. Jeremy Nordquist Lincoln Sen. Danielle Conrad said that would eliminate the proposed ret- (SERS) who begin work for the first death penalty cases are costly because roactive provisions and said it would time on or after July 1, 2013. they are unique, litigated differently rectify some senators’ concerns about Senators had passed the bill May 7 and must have three separate trials. releasing those who were convicted in on a 34-0 vote. In his veto letter, Gov. At each stage there are at least 40 dif- prior homicide cases. It would make Dave Heineman said the bill does not ferent grounds for appeal, she said, the bill apply only to future homicide represent a sustainable long-term solu- and without the death sentence the cases, he said. tion and called for a thorough study cost involved in the second and third “As a [legislative] body we are try- of alternative solutions. trials would be eliminated. ing not to take the stand that we will “This bill does not present com- Omaha Sen. Brad Ashford also overrule what the court previously has prehensive, long-term solutions to the offered a motion to bracket the bill determined in those decisions,” he defined benefit pension plans,” he in an attempt to gauge how senators said. “We are attempting to come up said. “The taxpayers should also have a would vote on the bill and the Coash with policy that will make the public seat at the negotiating table to develop amendments. safe, and the simple fact is that the transparent, long-range solutions.” “This vote, in my view, is a vote in homicide rate in Nebraska fluctuates Nordquist filed a motion to over- favor of or against LB543, and that is while the death penalty has been in ride the veto, saying the school retire- why I brought the motion,” he said. “A effect.” ment plan’s liability is an obligation vote for the bracket motion is a vote Chambers offered a motion to of the state that must be addressed. against the bill and a vote against the invoke cloture, an attempt to cease “No matter what we do to this plan bracket motion is a vote for the bill.” debate and force a vote on the bill. The going forward, [the liability] will still The motion failed on an 18-26 motion failed 28-21, five votes short be there,” he said. “If we skip out on vote. Twenty-five votes are required of the number required for adoption. our pension obligation, there’s the for passage of a bill; thirty are needed A failed cloture motion results in possibility that it will affect the credit to override a governor’s veto. debate on a bill ceasing for the day. rating of the state and all of the school Holdrege Sen. Tom Carlson of- districts who pay into the retirement fered an amendment, adopted 26-6, plan.” which would add the following lan- Omaha Sen. Steve Lathrop sup- guage: Life is the most valuable posses- ported the motion to override, saying sion of a human being. The State of that sustaining the veto would mean using the state’s cash reserves to ad-

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 May 13 - 16, 2013 dress the problem. contribution rate of 7.37 per- to Nebraska.” “We cannot stick our head in the cent and the school employer The proposed changes would ap- sand on this,” Lathrop said. “[If we contribution of 7.35 percent. ply to estates and trusts required to don’t override the veto,] we will have LB553 also incorporates provisions pay state income taxes. It also would to spend $98 million over the bien- from three other bills introduced by eliminate the federal credit for prior nium for no reason.” Nordquist. year AMT for taxable years beginning O’Neill Sen. Tyson Larson op- LB554 applies the provisions of in 2014. posed the motion to override the veto. LB553 to all Class V school employees A pending Revenue Committee He said the bill would not address hired after July 1, 2013. amendment would incorporate provi- fundamental issues with the school LB305 changes the amortization sions of LB457, originally introduced retirement plan. method in the Nebraska State Patrol by Omaha Sen. Bob Krist. The amend- “If we don’t address this with real Retirement Act from level dollar to ment would in- sweeping change, we’re going to con- level percentage of salary beginning crease the carry- tinue to have this problem five or 10 July 1, 2013. forward period for years down the road,” he said. LB306 changes the amortization a net operating Senators voted 32-1 to override method in the Judges Retirement Act loss (NOL) from the governor’s veto. Thirty votes were from level dollar to level percentage of five years to 20 needed. The bill goes into immediate salary beginning July 1, 2013. years for taxable effect. years beginning in Sen. Bob Krist The new benefits tier will take 2014. Currently, taxpayers can deduct into account a five year salary average Revenue a NOL for five taxable years following to determine benefits instead of the the year of loss. three year average used currently. The Alternative minimum tax Revenue Committee chairperson maximum cost-of-living adjustment repeal discussed Sen. Galen Hadley said only five other will be 1 percent instead of the current states have shorter carry-forward peri- 2.5 percent adjustment figure. The Senators began debate May 16 on ods than Nebraska’s. changes will not apply to members of a bill that would make changes to the “[The current policy] is penalizing SERS prior to July 1, 2013. computation of income taxes. startup businesses,” Hadley said. The bill also makes a series of other LB308, introduced by Colum- “These are the very businesses we want changes to the plans, some of which bus Sen. Paul to come to Nebraska, stay here and be include: Schumacher, successful.” • the state statutory contribution would eliminate Omaha Sen. Ernie Chambers rate will be increased from 1 the federal al- introduced an percent to 2 percent of total ternative mini- amendment that compensation of all school em- mum tax (AMT) would have im- ployees beginning July 1, 2014; calculation for plemented provi- • the amortization method in the individual state Sen. Paul Schumacher sions of LB266, a School Employees Retirement income tax purposes for taxable years bill he originally Act will be changed from level beginning Jan. 1, 2014. introduced, that Schumacher said the AMT origi- dollar to level percentage of would repeal a Sen. Ernie Chambers salary beginning July 1, 2013; nally was intended to apply only to the 2012 law allowing municipalities to • eligibility for membership in very wealthy, but in fact impacts many vote for an increase in local option the school retirement plan will people making more than $75,000 sales taxes. be changed from 15 hours per annually. Chambers said any municipalities week to 20 hours; and “The alternative minimum tax cal- that already have increased their local • the sunset will be eliminated culation no longer serves its original option sales taxes could be grandfa- from the school budget and purpose of targeting tax dodgers,” thered in. lid exclusions for expenditures he said. “Instead, it targets the exact “This is a regressive tax that [dispro- above the Class V employer kind of hardworking, educated and portionately] affects the poor,” he said. productive people we want to attract

PAGE 10 • UNICAMERAL UPDATE • 103RD LEGISLATURE May 13 - 16, 2013

“The richest person who purchases something pays no higher rate than the poorest person.” Omaha Sen. Brad Ashford, a co- apitol sponsor of LB266, supported the Contact amendment. He said Nebraska must act to become more competitive with neighboring states. “We’re on the verge of making State government office phone numbers significant tax reform in our state,” Ashford said. “The only realistic way Governor’s Office...... (402) 471-2244 to do that is to remove many of the Lt. Governor’s Office...... (402) 471-2244 loopholes and exemptions we’ve cre- Secretary of State’s Office...... (402) 471-2554 ated in our tax code since 1967.” State Capitol Tours...... (402) 471-0448 Wahoo Sen. Jerry Johnson op- posed the amendment, saying munici- palities have not had enough time to take advantage of the law. “Taking away the local option sales Popular legislative website features tax right now is premature,” he said. “We should let the [proposed] tax Nebraska Legislature website...... www.nebraskalegislature.gov commission study look at all phases Bills & documents...... www.nebraskalegislature.gov/bills of this and let it correct any issues we Unicameral Update Online...... update.legislature.ne.gov may find.” The Chambers amendment failed on a 23-16 vote. Omaha Sen. Beau McCoy filed a motion to reconsider Helpful legislative phone numbers the vote. The motion to reconsider and both Legislative Hot Line (Lincoln)...... (402) 471-2709 amendments were pending when the Legislative Hot Line (Nebraska outside Lincoln)...... (800) 742-7456 Legislature adjourned for the week. g 24-Hour Automated Request Line...... (402) 471-2877 Bills, resolutions or Legislative Journals (SUBSCRIPTIONS)...(402) 471-2271 Bills, resolutions or Legislative Journals (INDIVIDUAL COPIES).... (402) 471-2877 Nebraska Blue Book...... (402) 471-2788 Committee Warner Institute for Education in Democracy...... (402) 471-2788 Hearing Legislative division phone numbers

Monday, May 20 Clerk of the Legislature...... (402) 471-2271 Fiscal Office...... (402) 471-2263 Natural Resources Legislative Research Division...... (402) 471-2221 Room 1525 - 9:00 a.m. Ombudsman...... (402) 471-2035 LR171 Dubas -- Suport the Revisor of Statutes...... (402) 471-2225 development and designation of a continuous Chief Standing Bear Trail from Nebraska to Oklahoma g

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