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UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 18 / May 4 - 7, 2021 Increased protections for meatpacking workers amended, advanced awmakers nar- “While we’re in- rowed and ad- credibly grateful for L vanced a bill a vaccine, we are by from general file May no means out of the 6 that would enact woods just yet,” Var- health and safety pro- gas said. “The situ- tections for meatpack- ation is urgent and ing workers during the demands action from ongoing coronavirus all of us. Actually, it pandemic. demanded actions LB241, as intro- from us months ago.” duced by Omaha Sen. Vargas offered an Tony Vargas, would amendment, adopted require employers to 31-13, that became maintain 6 feet of the bill. space around and be- As amended, em- tween each worker, ployers would be re- including in common quired to maintain 6 areas like lunch, break Sen. Tony Vargas discusses LB241 with Sen. Tom Brandt May 6. Vargas said workers feet of space in com- continue to face dangers in the workplace from the ongoing pandemic. and locker rooms. mon areas only. If the During the 2020 legislative session, The rejection of that proposal, he said, Centers for Disease Control and Pre- Vargas attempted to incorporate the resulted in increased cases, hospitaliza- vention revises COVID-19 guidelines, provisions of LB241 into another mea- tions and deaths related to COVID-19 the state Department of Labor could sure but the effort was unsuccessful. in meatpacking plants. (continued page 3) Consumption tax proposal fails to advance ebraska voters could choose to replace property, could authorize political subdivisions to enact their own income, sales, inheritance and estate taxes with a consumption taxes. Nstate consumption tax under a proposed constitu- Erdman said a consumption tax would be more fair than tional amendment debated by lawmakers May 5. Nebraska’s current tax system, which he called “broken.” If passed by the Legislature, LR11CA, sponsored by He said the new system would generate the same amount Bayard Sen. Steve Erdman, would place the question on of revenue as the current one by eliminating exemptions the November 2022 general election ballot. and taxing services, many of which currently are not taxed. The amendment would prohibit the state and its politi- If the amendment is approved by voters, Erdman said, cal subdivisions from imposing a tax on property, income, the Legislature then would determine the details of how inheritances, estates and the retail sale of services and most to impose and collect the tax. goods effective Jan. 1, 2024. For example, he said, lawmakers could create a monthly It would require the Legislature to enact a consumption allowance for legal residents in order to offset the regres- tax that applies to the purchase of services and new goods, sive effects of the consumption tax. The Legislature also except for fuel, beginning on that date. The Legislature (continued page 2) INSIDE: Nonprofit construction grant program advanced • School finance commission clears first round May 4 - 7, 2021 Consumption tax proposal fails to advance (continued from front page) should exempt business inputs and ment administrative costs and boost replacing it with a consumption tax business-to-business sales from the economic growth by making Nebraska would be a “very risky proposition.” new tax, Erdman said. more attractive to businesses. He said the Legislature cannot Sen. Robert Clements of Elm- Sen. Mike Hilgers of Lincoln also predict how the new tax would change wood supported LR11CA, saying a supported Erdman’s proposal, saying taxpayer behavior, including their consumption tax would be simple it gives the Legislature the chance to tax-avoidance strategies, making it dif- and easy to understand. He said the discuss strategic changes to the state’s ficult to ensure that it would generate new system would promote individual “antiquated” tax code. enough revenue to fund government saving and investment, reduce govern- Gothenburg Sen. Matt Williams services such as public schools. opposed the measure. Bellevue Sen. Carol Blood also op- He said a consumption posed LR11CA, saying the majority of tax would be “disastrous” Nebraskans would pay more in taxes for Nebraska’s insur- under such a system. She said a con- ance industry, which sumption tax would apply to certain currently charges a 1 goods and services, such as groceries percent tax on premi- and medications, that are not taxed ums. The amendment currently. effectively would increase Blood introduced an amendment the premium tax to the that would replace Erdman’s proposal suggested consumption with a constitutional amendment tax rate of 10 percent, requiring the state to fully fund the un- Williams said, driving funded and underfunded mandates it insurance companies out has imposed on political subdivisions. of the state. She said such mandates are the root Also in opposition cause of high property taxes. was Sen. Steve Lathrop The amendment failed on a vote of Omaha. He agreed of 4-30. with proponents that LR11CA failed to advance to select Sen. Steve Erdman said replacing Nebraska’s current tax Nebraska’s current tax file on a vote of 23-19, two votes short system with a consumption tax on services and new goods would stimulate economic activity. system is flawed but said of the number required. n 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 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 NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 4 - 7, 2021 Increased protections for meatpacking workers amended, advanced (continued from front page) adjust provisions in LB241 to mirror year and allow those recommendations. these people to Under the bill, employers would go to work with a be required to provide all workers clear conscience with free face masks and shields and and not fear of replace them daily or more often as [COVID-19],” needed. Additionally, employees must Aguilar said. have ample opportunity to wash and Also speak- sanitize their hands. An employee also ing in support of could request gloves as needed. LB241 was Plym- Employees would be screened for outh Sen. Tom COVID-19 at the start of each shift, Brandt. He said including a temperature check — with the safety provi- the result disclosed to the employee sions proposed — and either an oral or written ques- in the bill are tionnaire including questions about for the “bad ac- possible symptoms and exposure. tors” who have If a worker suspects they have not implemented been exposed to COVID-19, they them voluntarily. Sen. Julie Slama said the bill is unnecessary because workers now could leave the meatpacking opera- “Ninety-five have access to vaccines and many are fully vaccinated. tion premises to receive a test on paid percent of the people out there are could be a first step toward govern- work time. Employees displaying CO- doing it right,” Brandt said. “We pass ment overreach into other segments VID-19 symptoms would be allowed laws for that 5 percent that are not of the state’s economy. to quarantine at home while awaiting doing it right, have no intention of LB241 also would require meat- test results, although asymptomatic doing it right and want to resist until packing operation employers to docu- employees could return to work. the very end.” ment and track all COVID-19-related The bill also would ensure paid Peru Sen. Julie Slama opposed the deaths and positive cases — broken sick leave for an employee who tests bill. She said the federal Occupational down by race and ethnicity — and re- positive that would not count against Safety and Health Act preempts state- port such results monthly to the state any other paid sick leave owed to level safety regulations of the kind Department of Health and Human the employee. Employees who may outlined in LB241. Services and DOL, as well as to the have come into direct contact with “From a legal perspective, Nebraska Legislature. someone who tests positive must be is prohibited from asserting jurisdic- The DOL commissioner would be informed by management of their tion under state law [over something] authorized to conduct unannounced potential exposure. that is already covered under federal workplace inspections, including The protections proposed in LB241 law,” Slama said. “In order to imple- analyzing employer records and mak- would apply until June 30, 2022. ment this statute ... we’d have to ap- ing remedial recommendations. The Grand Island Sen. Raymond Agui- ply for an OSHA waiver and get an commissioner could issue a citation if lar spoke in support of the amend- approved OSHA action plan, which an employer is found to be in violation ment.