02/08/2008
Small-Business Day at the Capitol: Register today!
NFIB/Nebraska, the Nebraska Chamber of Commerce and Industry (NCCI), the Greater Omaha Chamber of Commerce (GOCC) the Lincoln Chamber of Commerce (LCOC) and the Lincoln Independent Business Association (LIBA) will join forces to provide you with an opportunity to network with other small-business owners and to discuss issues of importance to small business. Small-Business Day at the Capitol will be held on Feb. 20 from 10:30 a.m. to 1:30 p.m. Register for Small-Business Day at the Capitol.
Gov. Dave Heineman will make a presentation during the Small-Business Day at the Capitol, and a group of state senators is scheduled to present a legislative briefing on major issues confronting the 2008 Legislature.
Legislative activities
Following a lull in the action during the early part of the week, lawmakers finished the week with a flurry by advancing a series of bills from General File to Select File. The Legislature has made its way through the list of "carryover" bills that were on General File at the end of the 2007 legislative session and has begun to process bills that have advanced from committee in 2008.
Workers' compensation public hearings
The Business and Labor Committee will conduct a public hearing on Legislative Bill 1082 on Monday, Feb. 11. Introduced by Sen. Abbie Cornett (Bellevue), the legislation would redefine "injury and personal injuries" to exclude the "violence to the physical structure of the body" requirement with respect to first responders and persons who in the course of their employment are victims of or witnesses to a violent criminal act. The bill would allow recovery for injuries by such first responders and other persons for mental conditions or illness, accompanied or unaccompanied by physical injury. Under the measure, an employee would be required to prove that the work-related accidents, conditions, events or injuries that cause the mental condition or illness were unexpected or unusual. The legislation would expressly exclude recovery for mental conditions or illness resulting from any event or series of events that are incidental to normal employer and employee relations, including personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, salary reviews or termination.
Nebraska workers' compensation laws have been consistently interpreted to prohibit recovery for injuries that do not result in "violence to the physical structure of the body" (so-called "mental-mental claims"). Legislative Bill 1082, while touted as being narrow in scope, would be subject to significant interpretation and lead to increased litigation in the future. NFIB will present testimony in opposition to Legislative Bill 1082.
Gift card bill advances
Legislative Bill 668 was advanced to Select File in action taken by the Legislature earlier this week. Introduced by Sen. Carol Hudkins (Malcolm) and supported by NFIB, the legislation would remove gift certificates or gift cards with a face value of $100 or more that are not assessed any fees and do not have an expiration date from being presumed abandoned for purposes of the Unclaimed Property Act. The measure will allow merchants who do not assess fees or impose expiration dates on their gift certificates or gift cards to maintain them indefinitely and avoid having to forward them as unclaimed property to the State Treasurer.
NFIB scores a major victory in Congress
Congress passed a tax stimulus package Thursday night that includes important tax breaks for small businesses. It was a major victory for NFIB, because we were the only group lobbying to double the dollar amount for small-business expensing limits from $125,000 to $250,000. The provision will let small-business owners immediately write off business purchases. Another key provision included in the package is a 50 percent bonus depreciation deduction. This would provide an additional one-year depreciation deduction value to 50 percent of the value of the property purchased by a small business. It's an incentive for businesses to invest in their business now, providing an immediate deduction for half the cost of the investment. President Bush is expected to sign the bill shortly.
