The Legislature completed the 40th working day of the 90-day session on Friday, having advanced a number of bills in the process of conducting floor debate. The process of designating individual senator and committee priority bills continues, with the deadline for priority bills looming ahead on March 12.
Minimum Wage
The Business and Labor Committee has advanced Legislative Bill 599 to General File, a bill that would authorize a lower minimum wage for younger workers. Supported by NFIB, LB 599, as amended, would retain the current minimum wage at $8.00 per hour for people younger than 19 who attend school and don’t have dependent children, when the overall minimum wage increases to $9.00 an hour next year. The legislation will need support from two-thirds of the Legislature since the minimum wage was increased by a vote of the public last year.
LB 599 advanced to General File on the following 4-3 vote:
- For: Senators Bloomfield, Ebke, Johnson, and McCollister
- Against: Senators Chambers, Crawford, and Harr
In other action, the Business and Labor Committee held Legislative Bill 494 in committee. Opposed by NFIB, the bill would increase the minimum wage for tipped employees from $2.13 an hour to $4.50, or 50 percent of the state’s overall minimum wage, by 2019.
Workers’ Compensation
NFIB presented testimony on a series of workers’ compensation bills this week, before the Business and Labor Committee.
- Legislative Bill 158 – Workers Compensation – Employee Misrepresentation: Sen. John McCollister (Omaha), is the sponsor of LB 158, which would reinstate the defense of employee misrepresentation for employers to avoid having to pay benefits resulting from an injury or condition relating to misrepresentations given by the employee when applying for a position with the employer. (NFIB Position–Support)
- Legislative Bill 363 – Workers’ Compensation – Medical Payments Penalty: Under LB 363, introduced by Sen. Jeremy Nordquist (Omaha), all medical payments under the Workers’ Compensation Act would be payable within 30 days after notice has been given or within 30 days after the entry of a final order, award, or judgment of the court. Medical payments remaining delinquent for 30 days or more would require payment to be made to the employee in an amount equal to 50 percent of the delinquent medical payments. (NFIB Position–Oppose)
- Legislative Bill 388 – Workers’ Compensation – Total Disability Benefits: Sen. Matt Hansen (Lincoln) has introduced LB 388, which would provide annual adjustments for total disability benefits in a proportion equal to annual increases resulting from the determination of the state’s average weekly wage. (NFIB Position–Oppose)
- Legislative Bill 600 – Workers’ Compensation – Self Insured Trust Funds: Sen. Laura Ebke (Crete) has introduced legislation that would authorize trust funds which are required to be established under the Workers’ Compensation Act to be invested in the same manner authorized for insurers under the Insurers Investment Act. Currently, under Neb.Rev.Stat. § 48-145, self-insured’s are require to post financial security in an amount set by the Workers’ Compensation Court, to provide reserves for the self-insured’s anticipated claims for that year. The financial security requirement can be satisfied by purchasing a bond securing the amount required by the Court, or by creating a trust that holds the full amount required by the Court.The Court has placed significant restrictions on the investments that can be made with the funds held in trust and LB 600 would allow the funds to be invested in the same manner, and under the same regulatory restrictions, that apply to insurer’s investing their reserves under the Insurer’s Investment Act. (NFIB Position–Support)
Personal Property Tax
Legislative Bill 398 – Personal Property Taxation: NFIB also submitted testimony before the Revenue Committee on LB 398, a bill that would exempt all tangible personal property from property taxation, effective January 1, 2017. (NFIB Position–Support)
Upcoming Hearings
NFIB will be presenting testimony in the upcoming week on a series of workers’ compensation bills to be heard before the Business and Labor Committee and will also testify in support of legislation to exempt all tangible personal property from property taxation.
March 9, 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 January 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. (NFIB Position–Support)
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
