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Legislature Ready to Wrap up its Business

 

April 6, 2012 

After a Friday-Monday extended break for the Easter weekend, state lawmakers have just three days remaining in their 2012 regular session. Thursday (April 12) is the anticipated day for adjournment sine die, but the last day, the 60th, could be held set back in order for the Legislature to consider any vetoes made by the Governor after Wednesday, the 59th legislative day. It’s a balancing of interests: the Governor has several days after the Legislature passes a bill to exercise his veto authority; the Legislature would like to know all his decisions before ending its session.

After 57 days of session, the 49 legislators have finished a lot of their "heavy lifting." Some significant decisions remain, including some with spending implications, but with the mid-biennium budget adjustments completed, the remaining route to the finish line is mapped out. There still could be some bumps and potholes in the surface.

The budget package is unique and interesting. It provides for some deficit appropriations and some new funding (LB 968), transfers funds to cover other items (LB 969), taps into some of the state’s cash reserve for major projects, including $50 million for a cancer research center at UNMC and $15 million for Nursing and Allied Health Professions at the University of Nebraska-Kearney (LB 131), and appropriates nearly $7 million to pay claims against the state authorized by the state claims board (LB 1072).

Also tied to the budget process this year was the Governor’s desire to provide tax cuts. As the bill introduced for this purpose on his behalf, LB 970, went through the committee and floor-debate processes, components dealing with the inheritance-tax and corporate income tax were eliminated and the reduction appeared to be settled as just over $97 million in individual income taxes over the next three years. For most taxpayers it will be modest relief.

The chairperson of the Revenue Committee and principal floor manager of LB 970, Sen. Abbie Cornett of Bellevue, called it a "down payment on the tax relief we promised in January;" whatever that means.

With just three days remaining, this is also a worthy time to update a few bills of interest to the Nebraska Catholic Conference, and addressed previously in this column.

LB 461, as proposed to be amended by its sponsor, Sen. Pete Pirsch of Omaha, on behalf of a coalition of pro-life advocacy organizations, including NCC, ran into a buzz saw of angst-based pushback from lobbyists for health care organizations, led by the Nebraska Hospital Association and the Nebraska Pharmacists Association. They and others expressed concerns about the scope of the amendments and potential consequences. They left few scenarios untapped in vigorously reacting with a "parade of what-if horribles," mostly exaggerated, but still effective in attacking the formulation, if not the premise, of the proposed amendments. As a result, the process stalled and LB 461 remained stuck in the Judiciary Committee.

The proposed amendments would have statutorily protected rights of conscience of health-care providers and facilities on a comprehensive basis. Providers and facilities would have been protected from discrimination and adverse administrative actions when exercising their right not to participate in any health care function that would violate their religious beliefs and/or convictions of conscience.

Senator Steve Lathrop of Omaha, a member of the Judiciary Committee, led discussions to try to find a consensus among the opposing views, but the overall matter was too complex and the divide of views over the value ascribable to convictions of conscience too wide to achieve results before time ran too short.

The goal of protecting rights of conscience in health care is far from dismissed. It is compelling and will be pursued again next year as better, tighter legislation.

LB 1145 moved smoothly through the legislative process to passage and anticipated approval by the Governor. It gives Nebraska a stronger response to the serious, but largely hidden problem of human trafficking for sex or labor. It will increase public awareness by establishing a state commission, which will engage the assistance of the National Human Trafficking Resource Center. The legislation also strengthens criminal penalties for forcing or enticing a person into prostitution.

LB 50, first introduced in 2011 and carried over to 2012, did not make it out of the Revenue Committee. That’s a lousy outcome for the legislative idea embodied therein. The bill proposed to establish a state income-tax credit for donations to organizations that would distribute their revenue as private-school tuition scholarships.

For the parents and patrons of Catholic schools who contacted one of more of the Revenue Committee members about LB 50: thanks for taking action. Your collective expressions caused the legislators to notice your advocacy and established a foundation for more effective advocacy in the future. For the many who were urged to speak out but didn’t, you could still do so now, by expressing your disappointment over how LB 50 was ignored by the Revenue Committee; and then again next year when a new bill proposing this good idea is introduced.

 

You can contact Jim at the

Nebraska Catholic Conference, 215 Centennial Mall South

Suite 310, Lincoln, NE 68508;

jrcncc@neb.rr.com

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