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AT WORK FOR YOU: YOUR ADVOCATE
2012 LEGISLATIVE BILLS OF INTEREST
Update as of February 24, 2012
LB791 Mello, Bus & Labor — Adopt the Shared Work Unemployment Compensation Program
The program would allow certain employees to collect unemployment benefits if the employees share the work remaining after a reduction in the total number of hours of work and a corresponding reduction in wages. An employer who wishes to participate in a shared work unemployment program would submit a written plan to NE DOL for approval. The employer agrees to furnish the DOL with reports relating to the operation of the shared work plan. The shared work plan program may not be used to subsidize seasonal employers during the off-season or any employer where 50% of the employees work less than 32 hours per week. OPPOSE
Hearing on 1-23-12
Still in committee and not a priority bill.
LB813 Karpisek, Government — Prohibit counties, cities, and villages from imposing credentialing requirements
This bill states, “no county, city, or village is authorized to require any person to be credentialed to conduct business or engage in any profession or occupation within its jurisdiction. Credential includes license, certificate, registration, permit, and any other approval required by the state to engage in a specific profession or occupation. Credential does not include any general approval required of businesses such as a sales and use tax collection permit or business tax certificate. The bill’s exceptions are plumbers and HVAC contractors. NEUTRAL
Still in committee and not a priority bill. I’ve heard rumors of interim study.
LB846 Sullivan, Bus & Labor — Require employers to maintain employee emergency contact information
Employers would be required to maintain employee emergency contact information. Whenever an employee is injured on the job and the injury requires medical treatment at a medical facility, the employer or representative would be required to make a reasonable effort to contact the employee’s primary and/or secondary emergency contact immediately after calling 911 or while in route to facility. OPPOSE
Hearing on 1-23-12
Still in committee and not a priority bill.
LB866 Haar, Bus & Labor — Adopt the Nebraska Fair Employment Opportunity Act
This bill has a bunch of co-sponsors. This Act would apply to employers with 20 or more employees. It would make it an unlawful employment practice for an employer or employment agency to refuse to consider for employment or refuse to offer employment to an individual because of the person’s status as unemployed. The bill would also disallow employers to advertise any job that included any such provision. Also it prohibits an employer from directing or requesting an employment agency screen unemployed applicants. Violators will be fined $1,000 for first offence up to $10,000 for subsequent violations. OPPOSE
Hearing on 1-23-12
Still in committee and not a priority bill.
LB885 Haar, Government — Provide powers and duties to the state building division relating to the energy efficiency of state facilities
This bill would require an EPA approved energy audit/rating conducted on every state building and the results reported to the Legislature. The Department of Administrative Services would gather the results and post on their website. OPPOSE
Hearing on 1-26-12
Still in committee and not a priority bill.
LB888 Cornett, Revenue — Adopt the Historic Property Restoration and Reuse Act and authorize an income tax credit
This bill would define eligible restored historic properties covered by the act. Any person incurring an eligible expenditure to restore these properties would receive a credit against the income tax imposed by state in the year the property was put into service in an amount equal to 25% of the eligible expenditure or 30% if the property is owned by an entity exempt pursuant to 501(C ) (3). SUPPORT
This bill is a Speaker’s Priority bill. The 25% tax credit in the bill may be amended downward to better fit the budget. However, this bill is a good thing for the construction industry on the renovation “front”.
LB923 Mello, Government — Adopt the Nebraska Buy American Act
This bill would require the purchase and use of American-made iron, steel and manufactured goods by NE state agencies for public works projects. The bill is co-sponsored by five other Senators and is based on concepts proposed by the Alliance for American Manufacturing—a coalition of American manufacturing companies and the United Steelworkers.
The NE Buy American Act would require that public works contracts by state agencies contain provisions specifying that the iron, steel and manufactured goods used or supplied in performance of the contract be made in the US. The measure would not apply if US made goods were not available in sufficient quantity or if the purchase of US made goods increased the cost of a contract by more than 10%.
On a very quick review, Monica Freeman-Woods & Aitken LLP made the following comment; “ The primary difference I see is that the proposed Nebraska act requires that components (but not subcomponents) of a manufactured good originate in the US. The ARRA Buy American provisions only required that the manufacturing occur in the US and the origin of the components was irrelevant.
OPPOSE
Hearing date is 1-26-12
Still in committee and not a priority bill.
LB959 Janssen, Bus & Labor — Provide immunity to employers for job references
An employer who discloses factual information about a current or former employee to a prospective employer of the employee would have absolute immunity from civil liability. Under the bill absolute immunity would apply to the disclosure of factual info—including dates of employment, pay level, job description/duties and wage history. There would be a presumption of good faith on the part of the employer and such presumption would be rebuttable only upon showing by clear and convincing evidence that the employer disclosed the info with actual malice or deliberate attempt to mislead. NEUTRAL
This bill has been identified as Senator Coash’s priority bill.
LB975 Smith, Government — Adopt the Fair Bidding Act
The purpose of this bill is to promote fair and open competition for all publicly-funded construction projects. Under the bill, unless otherwise required by federal law, a governmental unit shall ensure that public contracts, RFPs, or bid specifications or any controlling document does not contain:
- A term that requires OR prohibits; encourages OR discourages bidders, public contractors or subcontractors from entering into or adhering to collective-bargaining agreements relating to construction; or
- A term that discriminates against bidders, public contractors or subcontractors based on the status as a party OR nonparty; OR the willingness or refusal to enter into a collective-bargining agreement relating to construction under a public contract.
Nothing in this Act prohibits employers or other parties from entering into agreements or engaging in any other activity protected by federal law, including the National Labor Relations Act; or interfere with labor relations of parties that are protected under federal law, including the National Labor Relations Act. The bill does not prohibit the awardee of the final contract from entering into any type of labor agreement. SUPPORT
This bill may or may not come out of committee. It will most likely be part of an interim study.
LB1001 McGill, Urban Affairs — Create the Building Code Advisory Committee and change and eliminate state agency building code compliance requirements
This bill creates the Building Code Advisory Committee which shall review and make recommendations to the Legislature regarding adoption of new editions of construction, plumbing, energy, and other statutorily referenced codes. The Governor would appoint the committee stated to include a representative from: State Fire Marshal; HVAC industry; home builders; architect; union plumbers and building laborers; sustainability industry; planning department of primary class city; planning department of metro class city; plumbing board of primary class city; plumbing board of metro class city; NE Code Officials Assn.; three representatives from cities of first class, second class and villages that have adopted building codes. OPPOSE SUPPORT
Support after adoption of amendment.
This bill is one of the Urban Affairs Committee’s priority bills.
LB1019 Harms, Appropriations — Appropriate funds for renovations projects at Peru State College and Chadron State College
SUPPORT
LB1065 Fulton, Appropriations — Appropriate facility construction funds for the Lincoln Division of the University of Nebraska Medical Center College of Nursing
$17M SUPPORT
LB1066 Hansen, Appropriations —Appropriate funds for planning and design of a veterinary diagnostic laboratory facility
$5M for design services SUPPORT
LB1089 Nelson, Appropriations — Appropriate funds for construction of a cancer research facility
$50M SUPPORT
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2011 Nebraska Congressional Delegation
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