Bills affecting taxes, prison over crowding are advanced

A legislative proposal to make various changes to Nebraska’s tax system received second-round approval last week.

LB 727 is a Revenue Committee omnibus package that contains provisions from nearly 30 bills. The bill includes several provisions that I support, including: LB 577 which would prohibit home equity theft by requiring personal service to property owners that their taxes are delinquent, making sure they know they are at risk of losing their home or land via the purchase of a tax deed; LB 706 which would allow for the bonding of up to $450 million on new roads projects under the Build Nebraska Act to complete the Nebraska Expressway System as proposed in 1988. If LB 706 proves successful, it opens the door down the road to fund other projects faster with bonding, such as my proposal in LB 454 to expand U.S. Hwy 81 to 4-lanes across the state, as opposed to waiting for years (or decades) to get money under the current pay-as-you-go system; LB 96 which would exempt twine and bailing wire purchased for use in commercial agriculture from sales and use taxes; And LB 384 which would direct the sales taxes paid on the sale and lease of aircraft to a newly established Aeronautics Capital Improvement Fund. This Fund is expected to leverage $30 million in improvements and take pressure off property taxes by helping licensed airports be able to provide a 10 percent match to federal funds available for runway improvements and other projects.

During debate, an amendment was adopted which trims the associated costs to reduce the fiscal impact on state revenue. LB 727 was considered for several hours before being advanced to Final Reading on a voice vote.

Senators also debated LB 50, the Judiciary Committee’s criminal justice reform package.

LB 50 contains the consensus items resulting from the work of the Nebraska Criminal Justice Reinvestment Working Group and the failed reform effort with LB 920 last session.

This bill was brought forward in an effort to address prison overcrowding and prevent a possible federal takeover of the state’s correctional system. Nebraska is one of the top two states in the country for prison overcrowding.

LB 50 as amended includes changes that would expand problem solving courts, prioritize payments for restitution, create a pilot-program for a technical parole violation residential housing program, and provide access to certain probation and parole supervision information to law enforcement.

The bill also includes two changes designed to discourage the release of prison inmates without rehabilitation programming, something called “jamming out.”

Several weeks of intense negotiations were held between the Judiciary Committee, Attorney General, Governor, and other stakeholders to make changes to Nebraska’s parole eligibility and habitual criminal enhancement statutes. During negotiations, Senators Bosn, Holdcroft, Ibach, and I made clear these changes would only be supported as long as they are not detrimental to public safety and victim certainty for justice. After four of debate hours on Select File, LB 50 was advanced to Final Reading on a 30-7 vote. While I voted in support, I am not entirely pleased with bill or the negotiations process to reach a compromise. The bill, if passed, would put into place many of the consensus items that brought forward last year, including several long desired by law enforcement and county attorneys. Right now, many of the key stakeholders are on board with LB 50. This bill is another case where neither side got all of what they wanted or hoped for.

With the end of the regular session fast approaching, feel free to call my office anytime at (402) 471-2801 or email me at bdekay@leg.ne.gov. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.