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March 21-24, 2016 UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Issue 12 / March 21-24, 2016 Workplace discrimination protections stall awmakers debated a bill March 23 that would protect employ- Lees from discrimination based on their sexual orientation and gender identity. Introduced by Lincoln Sen. Adam Morfeld last session, LB586 would prohibit employers, employment agencies and labor unions from dis- criminating against individuals based on their sexual orientation or gender identity. The bill would apply to em- ployers with 15 or more employees, employers with state contracts, the Sen. Mike Gloor said the proposed amendment to LB958 would increase the amount of prop- state of Nebraska, governmental agen- erty tax credits for owners of agricultural land in 2017. cies and political subdivisions. Currently, the Nebraska Fair Em- ployment Practice Act prohibits work- Ag property tax credit place discrimination based on race, color, religion, sex, disability, marital increase considered status and national origin. he Revenue Committee held would limit to 3 percent the amount Morfeld said workplace discrimina- a hearing March 24 on a bill of unused restricted funds that com- tion threatens Nebraska’s economic de- T meant to reduce property taxes munity colleges could carry forward velopment by causing highly qualified on agricultural landowners. from year to year. lesbian, gay, bisexual and transgender The committee first heard testimo- It also would grant $234 million (LGBT) employees to move to states ny on LB958 last month. Introduced in property tax credits for tax year where equal protection exists. Work- by Grand Island Sen. Mike Gloor on 2017. Gloor said $30 million of those ers should be judged on their perfor- behalf of Gov. Pete Ricketts, the bill credits would go to agricultural and mance, not their lifestyles, he said. originally was drafted to limit annual horticultural landowners. “[LB586] is not only the right aggregate agricultural and horticul- John Hansen, president of the Ne- thing, it is also good for business and tural land valuation increases to 3 braska Farmers Union, spoke in support makes us more competitive when re- percent and tighten spending limits of the amended bill. He said the union cruiting talent from across the country on local governments in an effort to would have liked to see structural, long- and the world,” Morfeld said. “No one slow property tax growth. term changes to how the state funds should be fired for how their creator Gloor proposed a new amendment K-12 education, which relies heavily on made them or who they love.” that would replace the bill, calling for property taxes. The proposed measure The bill stalled during general file a second hearing. The amendment would, however, provide farmers with debate last session and the Legislature (continued page 2) (continued page 3) INSIDE: State budget adjustments approved • Statewide 911 system proposal advances March 21 - 24, 2016 Ag property tax credit increase considered (continued from front page) some property tax relief sooner rather only $9 million for smaller farms. to remove from this body a sense of than later, Hansen said. The measure also would make it less urgency that many landowners in “Even a really skimpy bird in the likely that the Legislature would make Nebraska do not have the luxury of hand is better than one in the bush,” significant changes to property taxes in escaping,” Hladik said. he said. future sessions, he added. The committee voted 7-0 to ad- Dave McCracken, speaking on “We’re concerned that this pro- vance the bill to general file with the behalf of the Nebraska Cattlemen, posal provides just enough token relief new amendment. g agreed, saying that the proposal would be a first step toward providing more significant property tax relief in the Live coverage of the future. He said the difference in the amount of property tax paid per calf Legislature offered in Nebraska compared to neighboring states is “immense.” for smartphones Dale Kruse, chairperson of the he Nebraska Capitol Live app allows users of both Android board of governors for Southeast and Apple products to stream all coverage of the Unicameral Community College, spoke against T from bill introduction to final reading. the proposed amendment. He said it would remove the board’s authority to Provided by the State of Nebraska and Nebraska Educational access unused budget authority that it Telecommunications (NET), the app is free and available from the needs to replace aging facilities, build Apple app store, iTunes and the Google Play store. It also provides new learning centers and purchase live coverage of other state entities, including the Nebraska new equipment to support technical Supreme Court and the governor’s hearing room. training programs. Johnathan Hladik, policy program Additionally, NET Television director for the Center for Rural continues to provide coverage Affairs, also testified against the pro- from the Legislature via live posal. Approximately two-thirds of broadcasts on NET2 World and the credits would go to the state’s its website at netNebraska.org. wealthiest farmers, he said, leaving 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 and follow us on Twitter.com/UnicamUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kyle Harpster, Kate Heltzel, Ami Johnson; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, 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 • 104TH LEGISLATURE March 21 - 24, 2016 Workplace discrimination protections stall (continued from front page) moved on to other bills on the heard,” Smith said. “This [bill] is the agenda. type of legislation that is burdensome Morfeld said that he had to small business and they will suffer.” taken note of concerns raised Morfeld said small businesses have during last year’s debate and nothing to fear from LB586 unless worked over the interim to find they engage in discriminatory prac- a compromise, represented in tices. The burden of proof for any an amendment offered by Lin- claim made under the bill’s provisions coln Sen. Colby Coash. would be on the employee, he said, The amendment clarifies that which would serve as a deterrent to nothing contained in the Ne- unfounded discrimination claims. braska Fair Employment Practice “The bottom line is: don’t discrimi- Act would affect the ability of an nate and you’re fine,” Morfeld said, employer to take action against “because there will not be any proof.” an employee if such action is oth- Sen. Adam Morfeld said all Nebraskans deserve equal Sen. Patty Pansing Brooks of erwise allowed under local, state protection under the law. Lincoln supported the bill and the and federal law. Such actions tion is important.” amendment, agreeing that the state would include those taken in response Morfeld said that a pending tech- needs LGBT protections in the work- to an employee’s misconduct, incompe- nical amendment introduced by the place in order to attract and retain tency, behavior, violation of workplace Judiciary Committee was designed talented individuals. policy, neglect of duty, unprofessional only to emphasize that religious enti- “Almost every LGBT person I have conduct or insubordination. ties in Nebraska have been exempt met has mentioned wanting to leave The amendment also would remove from the state’s Fair Employment Nebraska because of the [lack of anti- the words “or perceived,” which would Practice Act since 1965. According to discrimination] laws,” she said. limit the bill’s definition of gender the statute, the act cannot apply to a Omaha Sen. Bob Krist offered a identity to actual appearance, identity or religious corporation, association or motion to bracket the bill until April behavior of an individual whether or not society with respect to the employment 20, saying the proposal had been those characteristics are different from of individuals of a particular religion. debated sufficiently and lacked the an individual’s assigned sex at birth. Papillion Sen. Jim Smith opposed support needed to move forward. Coash said he was not convinced the bill and the amendments. He said “I believe that LB586 had a fair and that workplace discrimination against any discrimination that may be occur- honest hearing last year and that there the LGBT community is a pressing ring against LGBT Nebraskans is not weren’t enough votes to take it to the issue, or that the bill would be too extensive enough to justify the nega- finish line,” he said. “I still believe that onerous for businesses. tive impact the bill could have on the it’s not the kind of legislation that we Instead, he said, the issue came state’s small business “job creators.” need to introduce; there’s no compel- down to the ability of employers to Smith said that while the Lincoln ling reason for doing it.” recruit and retain a quality workforce.
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