NFIB Members Urged to Push for Passage of Three Workers' Compensation Bills

Date: March 23, 2018

Time to phone, email Nebraska senators in remaining days of the session

State Director Bob Hallstrom reports from Lincoln on the small-business agenda for the legislative week ending March 23

As the Legislature recessed for the weekend, many bills remain to be processed with few days left to do so. Between 40 and 50 priority bills have yet to receive first-round debate and the speaker of the legislature has suggested that some of the priority bills may not receive floor debate. With many of the remaining priority bills being contentious in nature, anticipated efforts to filibuster these bills will extend the time required to debate and process them.

Amended Tax Relief Bill Advances

The Revenue Committee has advanced an amended version of Gov. Pete Ricketts’ proposed tax relief package to the floor of the Legislature on a 5-3 vote. The measure, Legislative Bill 947, as amended, would retain the state’s existing Property Tax Credit Cash Fund ($224 million annually), while establishing a refundable income tax credit to offset property taxes paid by residential and agricultural landowners.

The measure would also reduce the top corporate income tax rate from 7.81 percent to 6.84 percent in five annual increments and increase funding for workforce development by $5 million annually.

Under the bill, agricultural landowners would receive a refundable income tax credit starting at 2 percent of property taxes paid and increasing annually until they reached 20 percent of property taxes paid by 2027. The income tax credit for residential landowners would start at 1 percent of property taxes paid, up to a cap of $25 the first year and growing to a maximum of 25 percent, or $500, by 2030.

Provisions contained within the original bill, have been removed, that would have (a) reduced the top individual income tax rate from 6.84 percent to 6.69 percent and (b) repealed the $10,000 personal property tax exemption.

Budget Bill Stalls … Then Stalls Again

Lawmakers failed to advance the state’s mainline budget bill to Final Reading, March 21, with a motion to invoke cloture (cease debate and vote on the bill) falling three votes short. When debate on the budget bill resumed March 23, lawmakers failed to reach a compromise and once again lacked sufficient votes to advance the measure.

The bone of contention involves a provision in the budget bill regarding Title X funding disbursement to health clinics that also provide abortion services. The Legislature is expected to resume debate on the budget bill early next week.

Debate on Workers’ Compensation Bills Expected

Each of the following workers’ compensation bills, supported by NFIB, and designated as Committee or Speaker priority bills, are likely to be debated in the remaining days of the session.

Legislative Bill 953 – Workers’ Compensation – Approval of Lump Sum Settlements: Introduced by Sen. Joni Albrecht (Thurston), LB 953 would address issues relating to the approval of lump-sum settlements by the Workers’ Compensation Court. The bill would establish a conclusive presumption that the lump-sum settlement is made in conformity with the compensation schedule and for the best interests of the employee or his or her dependents under all of the circumstances, if the employee’s attorney affirms these facts in the application for an order approving the settlement.

The conclusive presumption would apply to cases in which (a) the employee is eligible for Medicare, is a Medicare beneficiary or has a reasonable expectation of becoming eligible for Medicare within 30 months of executing the settlement; or (b) medical, surgical, or hospital services provided to the employee are not paid by the employer, or any person other than Medicaid, who has made any payment to the supplier of medical, surgical, or hospital services provided to the employee, is not reimbursed by the employer.

Legislative Bill 957 – Workers’ Compensation – Electronic Payment of Benefits: Introduced by Sen. John Lowe (Kearney), LB 957 would authorize, upon agreement of an employer or insurer and an employee entitled to compensation under the Workers’ Compensation Act, payments to be made by electronic means (direct deposit, prepaid card, or similar electronic payment system).

Legislative Bill 1015 – Workers’ Compensation – Confidentiality of WC First Injury Reports: Introduced by Sen. Tom Briese (Albion), LB 1015 would prohibit access to first reports of injury which reveal the identity of the employee who is the subject of the report.

Your calls and emails needed

Please take a moment to contact your state senator to encourage support for LB 953 (Workers’ Compensation – Approval of Lump Sum Settlements), LB 957 (Workers’ Compensation – and LB 1015 (Workers’ Compensation – Confidentiality of WC First Injury Reports)

Email Your State Senator

In contacting your state senator to support LB 1015, you may contact him or her via e-mail by using the First letter of their First name; their last name @leg.ne.gov (EX:  [email protected] or [email protected]). 

Check out the Unicameral’s website for senator contact information.

Previous Reports and News Releases

March 16 Report—11 Late-Night Sessions Scheduled for Legislature

March 9 Report—Nebraska Legislature Gives First-Round Approval on State Tax Bill

March 2 Report—NFIB Rallying Troops for Support of Workers’ Compensation Bill

February 23 Report—Three NFIB-Backed Workers’ Compensation Bills Advance

February 16 Report—NFIB Working on Data Breach, Credit Reporting Bill

February 9 Report—Senator Seeks to Reverse Legislature’s Call for Constitutional Convention

February 2 Report—Session a Third Complete, Tax Reform Still on Front Burner

January 26 Report—Floor Debate Coming up on Minimum Wage, Ban the Box

January 19 Report—Deadline for Bill Introduction Passes in Lincoln

January 17 Guest Editorial—Nebraska Congressional Delegation Thanked

January 12 Report—NFIB Scores Victory in First Week of Session

January 12 News Release—Comment on Gov. Ricketts’ State-of-the-State Speech

January 5 Report—Nebraska Legislature Opens for 2018 Business

[Tile photo courtesy of Unicameral Update, “The Nebraska Legislature’s official news source since 1977.”]

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