For the legislative week ending March 13

Date: March 13, 2015

One-half of the 2015 legislative session is in the books, as lawmakers adjourned March 12 for a long four-day weekend. The deadline for designating individual and committee priority bills has passed, and the speaker of the Legislature will prioritize an additional 25 bills on March 16.
Under the rules of the Legislature, each senator is allowed to designate one priority bill and committees can designate two bills that were heard before the committee, as priorities.  The priority bills will dominate floor debate for the balance of the session. 
In other news, the Nebraska Economic Forecasting Advisory Board has predicted that the state will bring in $9.7 million less in revenue than previously projected for the upcoming two-year budget.  The Forecasting Board has projected state revenue growth of 4.8 percent in the next fiscal year and 4.9 percent in the year thereafter, very close to the 5 percent historic average.  The new forecast is expected to have minor impact on state budget decisions.
Bills of Interest
Legislative Bill 259–Personal Property Tax Relief Act: Introduced by Sen. Mike Gloor (Grand Island), LB 259 would exempt the first $15,000 of depreciable tangible personal property from the Personal Property Tax and eliminate listing of tangible personal property with a value of less than $1,000 for assessment purposes. The bill would also provide for reimbursement to counties by the state for revenues lost due to personal property tax exemption. The bill has advanced to General File and designated as a committee priority by the Revenue Committee.  (NFIB Position – Support)
Legislative Bill 226–Securities Act/Crowd Funding:  The Banking, Commerce and Insurance Committee advanced LB 226 to General File earlier this week. Introduced by Sen. Colby Coash (Lincoln), LB 226 would exempt “crowdfunding” from registration under the Securities Act of Nebraska (issuer of the security is a business entity organized under the laws of Nebraska and authorized to do business in Nebraska, transaction meets requirements for federal exemption for interstate offerings under the Securities Act of 1933, and the sum to be received for all sales of the security, excluding sales to any accredited investor: (a) does not exceed $1 million in cases in which the issuer has not made documentation from a financial audit available to each prospective investor; or (b) $2 million if such disclosure has been made). The bill would limit the maximum amount of sales of the security to a single purchaser to $5,000, other than purchases by accredited investors. The measure would also require the issuer to enter into an escrow agreement with a bank, regulated trust company, savings bank, savings and loan association, or credit union authorized to do business in Nebraska for the deposit of investor funds with the holder of escrowed funds only responsible to act at the direction of the party establishing the escrow agreement and assuming no duty or liability, contractual or otherwise, to any investor or other person. After being advanced to General File, Sen. John Murante (Gretna) designated the bill as a priority.  (NFIB Position – Support)
Committee Hearing Action
NFIB presented testimony in support of LB 429 on Monday, before the Business and Labor Committee.
Legislative Bill 429–Workers’ Compensation–Utilization and Treatment Guideline: Sen. Jim Smith (Papillion) has introduced legislation that would presume any medical, surgical, and hospital services provided on or after Jan. 1, 2016, in accordance with the Official Disability Guidelines (ODG) as published by the Work Loss Data Institute, to be reasonable and necessary. The measure would remove responsibility of an insurer, risk-management pool, or self-insured employer for charges for medical, surgical or hospital services not provided in accordance with the ODG, unless the medical, surgical, or hospitable services were pre-authorized or resolved pursuant to the independent medical examiner process or by the Workers’ Compensation Court.  
Workers’ Compensation
The Business and Labor Committee has designated LB 480 as one of the committee’s priority bills.  While introduced as a “shell” bill (no real substantive provisions, but available to be used for amendments from other legislation), it is anticipated that the bill will contain a compromise consisting of various bills currently being held by the committee. NFIB has been involved in negotiations with Sen. Burke Harr (Omaha), chairman of the Business and Labor Committee, on a workers’ compensation “compromise” package that would include provisions of the following bills:  
  • Legislative Bill 133–Workers Compensation–Interest Rate on Awards
  • Legislative Bill 134–Workers Compensation–Confidentiality of First Injury Reports
  • Legislative Bill 158–Workers Compensation–Employee Misrepresentation
  • Legislative Bill 429–Workers’ Compensation–Utilization and Treatment Guideline-Drug Formulary
  • Legislative Bill 600–Workers’ Compensation–Self-Insured Trust Funds
Priority Bills of Interest
Senators’ Priorities:
Legislative Bill 156 – Sen. Robert Hilkemann: Change the amount of credits allowed under the Angel Investment Tax Credit Act
Legislative Bill 226 – Sen. John Murante: Authorize crowdfunding as prescribed and exempt crowdfunding under the Securities Act of Nebraska
Legislative Bill 357 – Sen. Jim Smith: Change income tax rates and transfer funds from the Cash Reserve Fund
Legislative Bill 494 – Sen. Matt Hansen: Change minimum wage for persons compensated by way of gratuities. 
Legislative Bill 599 – Sen. John Kuehn: Provide a minimum age for certain young student workers
Committee Priority
Legislative Bill 259 — Revenue Committee: Adopt the Personal Property Tax Relief Act
Legislative Bill 480 — Business and Labor Committee: Change provisions relating to computing compensation under the Nebraska Workers’ Compensation Act
Small Business Day at the Capitol
NFIB/Nebraska will co-sponsor Small Business Day at the Capitol March 31 in Lincoln.
NFIB’s co-sponsors are the Nebraska Chamber of Commerce and Industry, the Greater Omaha Chamber of Commerce, the Lincoln Chamber of Commerce, the Lincoln Independent Business Association and Nebraskans For Workers’ Compensation Equity and Fairness.
Small Business Day gives NFIB members an opportunity to network with other small business owners.  Governor Ricketts is expected to speak, and there will be a legislative briefing by state senators.
Details on the time and location of Small Business Day at the Capitol can be found at www.NFIB.com/NE.
Past Reports

Related Content: Small Business News | Nebraska

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