Association of Corporate Counsel A Tour of the Nebraska Legislature September 9, 2015
Overview Introduction to your Nebraska Legislature Nebraska Legislature 101 Role of Lobbyists in the Nebraska Legislature Case Studies
Introduction to your Nebraska Legislature
Overview Nebraska Legislature Only unicameral in the nation (est. 1934) 49 state senators (represent approx. 37,000) Lt. Governor serves as the President of the Legislature and often as the presiding officer may vote as a tie-breaker Speaker of the Legislature (elected) 14 Standing Committees (chair elected) 8 Special Committees (generally appointed)
Nebraska State Legislator Demographics and Party Affiliation Demographic Nebraska National Average Women 20.4% (10 legislators) 24.3% African American 4% (2 legislators) 9% Hispanic 0% 3% Party Affiliations Republicans 74% (36 legislators) 56% Democrats 25% (12 legislators) 43% Independent 1% (1 legislator) < 1% Source 2015 Data, National Conference of State Legislatures
Nebraska State Legislator Occupations Occupation Nebraska National Average Retired/FT Legislator 22.4% 28.1% Attorney 18.4% 15.2% Agriculture 18.4% 5.3% Consultant/Nonprofit 14.3% 8.4% Business Owner 6.1% 9.2% Business Executive 4.1% 8.7% Communications/Arts 4.1% 2.4% Other 12.2% 22.7% Source 2007 Data, National Conference of State Legislatures
Nebraska Legislature 101
Nebraska Legislature 101 How a bill becomes a law Bill introduction Bills referred to committees by Exec. Board Committee Hearings Committee Vote General File Select File Final Reading To Governor (sign, becomes law without gov. s signature, or veto )
Nebraska Legislature 101 First Session of the 104 th Legislature Convened January 7, 2015 (90 Day Session) Adopted FY2015-16/ FY2016-17 Biennial Budget New Governor, AG, Auditor, Speaker of the Legislature, 9 new committee chairs, and 18 new state senators Accomplishments and Observations Increase to the gas tax Repeal of the death penalty Increase for the Property Tax Credit Cash Fund
Nebraska Legislature 101 Second Session of the 104 th Legislature Convenes January 6, 2016 (60 Day Session) 12 term-limited state senators, including Chairs of Appropriations, Education, Health and Human Services, Natural Resources, and Revenue Legislative Priorities Tax reform income tax, property tax, tax incentives Reform state and local education funding Reform of labor and workforce programs
Nebraska Legislature 101 First Session of the 105 th Legislature Convenes January 4, 2017 (90 Day Session) At least 12 new state senators, new Speaker of the Legislature and numerous committee chairs Years of Service Senator Chambers 42 years in the Legislature Other 48 senators combined 115 years in the Legislature Legislative Priorities Adopt biennial budget Other issues?
The Role of Lobbyists in the Nebraska Legislature
What are lobbyists? The Nebraska Accountability and Disclosure Commission defines a lobbyist as a person who attempts to affect matters before the Nebraska Legislature on behalf of another Lobbyists must annually register with the Clerk of the Legislature, file quarterly expense reports, and an end of session activity statement As of August 14, 2015, there were 371 registered lobbyists, representing 553 clients before the Nebraska Legislature
Why hire a lobbyist? Lobbyists Understand the legislative process How to get a bill introduced How to manage a legislative hearing How to work with committee staff, fiscal office, state agencies, and local government Rules of legislature are arcane and often times counterintuitive to businesses and public at-large Know the legislators and legislative staff This is crucial for purposes of educating legislators You do not want to turn a proponent into an opponent
Why hire a lobbyist? Lobbyists Have institutional memory Particularly important with term limits Act as eyes-on-the-ground May have experience with state agencies Important to address implementation issues Helps avoid unintended consequences May be issue area experts Some have legal expertise
Case Studies
Case Studies Nebraska Job Creation and Mainstreet Revitalization Act 20% tax credit for qualified expenditures in rehabilitating a qualified historic structure Maximum of $1 million in credits for a project Maximum of $15 million in credits per year Credits are 100% transferable for political subdivisions and 501(c)(3) tax-exempt entities Applicants can potentially qualify for both state and federal historic tax credits
Case Studies
Case Studies Authorization of Renewable Export Facilities Encouraged and allowed opportunities for private wind developers to develop, own, and operate renewable energy facilities for the export of energy from the state Created a mechanism for the Nebraska Power Review Board to consider, and approve of, renewable energy facilities for the purpose of energy export Created a tax structure tailored to export facilities Limited utilities use of eminent domain for export projects
Case Studies Rural Community-Based Energy Development Act Created in 2007, a C-BED project is a locally-owned energy generation facility that uses wind, solar, biomass, or landfill gas as the fuel source At least twenty-five percent of the revenues generated by a C-BED project are paid to Nebraska residents and Nebraska businesses or as payments to the local community A C-BED project is entitled to a sales tax exemption Authorizing statutes amended in 2007, 2008, 2009, 2010, 2013, 2014, and 2015
Case Studies 2007 created a sales tax exemption for qualifying projects 2009 changed definitions and provided for approval of C-BED projects 2015 changed local requirements to authorize C-BED projects 2008 agency omnibus clarifying limitations on C-BED projects 2014 expanded eligibility and reduced requirements to qualify as a C-BED project *Technical amendments were also adopted in 2010, 2013, and 2015.
Questions? Baird Holm www.bairdholm.com David Levy 402-636-8310 dlevy@bairdholm.com Garner Girthoffer 402-636-8217 ggirthoffer@bairdholm.com