Professional Documents
Culture Documents
ALEC in Nebraska
ALEC in Nebraska
Table Of Contents
Key Findings _______________________________________________________________ 2 What Is ALEC? _____________________________________________________________ 3 ALEC Associates In Nebraska _________________________________________________ 5 The Money Trail: Scholarship Payments ________________________________________ 6 The Money Trail: Taxpayer Funded Junkets ______________________________________ 8 Bills and Issues _____________________________________________________________ 9 The Environment _________________________________________________________ 9 ALECs Support of the Keystone XL Pipeline _________________________________ 9 ALECs Fracking Secrecy Bill ____________________________________________ 13 Education ______________________________________________________________ 16 ALECs Tax Credit Voucher Scheme_______________________________________ 16 ALECs Charter Schools Act _____________________________________________ 19 Health Care _____________________________________________________________ 22 ALECs Anti-Healthcare Reform Bill ______________________________________ 22 ALECs Bill To Lower Nebraskas Healthcare Standards _______________________ 23 Crony Capitalism ________________________________________________________ 25 ALECs Tobacco Tax Cut _______________________________________________ 25 ALECs Bill To Hamstring The Attorney General _____________________________ 26 ALECs Asbestos Bill ___________________________________________________ 28 ALECs Restaurant Liability Carve Out _____________________________________ 32 Voter ID, Immigration, and Guns ____________________________________________ 34 ALECs Voter ID Bill ___________________________________________________ 34 ALECs Extreme Anti-Immigrant Bill ______________________________________ 35 ALECs Castle Doctrine Bill _____________________________________________ 38 ALECs Emergency Guns Bill ____________________________________________ 40 Appendix 1: ALEC Scholarship Account ________________________________________ 42
Key Findings
ALEC is a major player in Nebraska politics, influencing myriad issues. ALEC and its allies have successfully passed its corporate-sponsored legislation in Nebraska in the past, and continues to carry the water of corporate special interests in advocating radical change in our state. Five of 49 current Senators are known associates. The number of members is potentially higher as ALEC keeps its membership lists secret. There were 15 Senators affiliated with ALEC just two years ago, but in the past year that number has dwindled due to some Senators withdrawing membership and others allowing their membership to expire without renewal. In addition, Federal Senator Fischer and Congressman Smith are ALEC alumni. ALEC and Nebraska Senators have continued to utilize a scholarship fund, using corporate donations to fund Senators travel to ALEC conventions. It is not clear how this conforms to NADC regulations on the operation of the fund. The usage of this fund is being challenged currently, and ALEC is changing the way the funds are managed. ALEC has played an integral part in the advocacy of the Keystone XL pipeline in Nebraska and nationwide. ALEC and TransCanada have uses suspect means to advance their agenda in Nebraska. ALEC has also advanced oil company interests in Nebraska through a fracking bill, which would further endanger our water supply. ALEC members are very active in Nebraska, advancing measures to: o Privatize our schools through charter schools and tax credit school vouchers o Advance NRA sponsored gun laws o Needlessly complicate the voting process o Rig the legal system to benefit ALECs corporate sponsors o Implement constitutionally suspect anti-immigrant measures
What Is ALEC? The American Legislative Exchange Council, or ALEC is a Washington, DC, based group funded almost entirely by corporations, corporate linked foundations, big business associations, insurance companies, and the super-rich. ALEC was formed in 1973 by a group of conservative activists who came together to advance a national right-wing agenda in state legislatures across the country. ALEC says it has more than 300 corporate and 2,000 (mostly Republican) state legislative members. These members who work outside of the public view to approve model legislation and to promote a right-wing national agenda that is designed in many ways to increase corporate profits at the publics expense. ALECs known corporate funders have included: (See the full list via alecexposed.org ) Altria Anheuser-Busch AstraZeneca AT&T Bayer Corp BP Bridgepoint America Celgene CenturyLink Chevron Comcast Dow Chemicals eBay Eli Lilly ExxonMobil Farmers Group FedEx K12 Inc. Koch Industries Marathon Oil Microsoft News Corp. Novartis Peabody Energy Pfizer Shell Oil State Farm Insurance T-Mobile Takeda Pharmaceutical Time Warner Cable UnitedHealthcare UPS Verizon Visa Wall Street Journal Yahoo!
How ALEC Works Legislators and corporate lobbyists gather together at ALEC conferences, often held at luxury resorts, away from the public eye. The legislators bring home model bills, many of which were written by the corporations themselves, designed to help the corporate bottom line. The People of Nebraska have nothing to do with the process, and are entirely shut out of the closed-door meetings at which the legislation is voted on. These conventions often double as family vacations, where legislators bring their families to visit travel destinations like Hilton Head, Coeur DAllene, or San Diego. Frequently legislators are unable to afford such luxury, so willing lobbyists and special interests are eager to pick up the tab for lawmakers. ALEC spends more than half a million dollars each year to pay for legislators travel,1 with the money coming from pharmaceutical companies, oil giants and other multinational firms. These payments from lobbyists and special interests can cumulate to thousands of dollars and are barred in at least three states. Yet often the transactions are not
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disclosed to the public as gifts or reimbursements by firms with lobbying interests. In some states, including Nebraska, lawmakers are able to wrangle the state into paying for their trips to ALEC resort meetings, forcing the taxpayer to pick up the tab for the lawmakers luxury trips to meet with corporate lobbyists through ALEC. In ALECs bicameral Task Forces, corporate special interests vote as a separate body, held equal with legislators. Lobbyists and legislators both propose model bills, and both groups vote whether to adopt the model. If the special interests dont approve of a bill, they can vote it down, and this has happened. ALECs legislative leaders are tasked under ALECs public bylaws with getting the bills introduced into law. Many ALEC legislators introduce the corporate-authored ALEC bills in their state legislatures as verbatim copies of the ALEC models but without any reference to ALECs role. The ALEC business model is incredibly effective. ALECs former Executive Director bragged, With our success rate at more than 20 percent, I would say that ALEC is a good investment. Nowhere else can you get a return that high.2 According to ALEC documents, 115 pieces of ALEC legislation were passed in the 2010 legislative session nationwide;3 this is the last publically available copy of their scorecard. ALECs influence increased after the 2010 elections, and as this report demonstrates, ALEC remains a major player in our state legislature. ALEC is not elected, yet it has had more voice in what is happening in our states and country than many voters do. By creating model legislation and using friendly legislators, the people's voice is removed from the process as corporations take control of our state government. Too often, ALEC bills are pushed through legislatures, with ALEC legislative leaders in control, in ways that demonstrate disinterest or hostility to the will of the people, in favor of a desire to enact ALEC agenda items as quickly as possible, as we have seen in Wisconsin, Michigan, Ohio, and North Carolina.4
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Legislative Members: Five of Nebraskas Senators have ties to ALEC. Known associates are: Sen. Jim Smith o ALEC State Chairman8 Sen. Mark Christenson9 Sen. Thomas Hansen10 Sen. Tyson Larson11 Sen. Beau McCoy12
In April 2012 Senators Conrad, Haar, Mello, and Nordquist withdrew from ALEC, citing its extreme views as reason for their departure.13 Senators who allowed their membership to expire in 2013 include John Harms, Scott Price, John Wightman and Ken Schilz. Other Senators who are no longer members include Charlie Janssen, Pete Pirsch and Tanya Cook.
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ALEC 35 Day Mailing as obtained by Common Cause, 03/31/11 ALEC.org, accessed 07/25/13 7 ALEC.org, accessed 07/25/13 8 ALEC.org, accessed 07/25/13 9 ALEC 35 Day Mailing, as obtained by Common Cause, 06/30/11 10 Common Cause.org, accessed 07/29/13 11 Common Cause.org, accessed 07/29/13 12 Common Cause.org, accessed 07/29/13
NADC, 03/24/95 NADC, 03/24/95 NADC, 03/24/95 17 NADC, 03/24/95 18 ALEC, 09/11/12 19 CMD, Oct. 2012 20 NADC, accessed 08/02/13 21 Sen. Averys C-1, via the NADC and on file with BOLD Nebraska, 03/23/09 22 Nebraska Transcribers Office, 01/29/09 23 Statements of Financial Interest, via NADC, on file with BOLD Nebraska; some statements no longer exist due to standard records retention schedules. 24 NADC, 03/24/95
combined in 2006 and 2007. 25 Via the Nebraska Legislatures principal records, both Verizon Wireless and Bayer Healthcare LLC claimed to have spent zero on gifts to legislators during the years they donated to the scholarship accounts.26 27 The ALEC scholarship programs are the subject of legal debates nationwide. Theyve been banned in at least three states.28 In Nebraska, the Center for Media and Democracy recently filed a complaint against Sen. Jim Smith, asking the NADC to investigate whether the senator received contributions from TransCanada for a trip to Alberta, Canada in relation to meetings on the Keystone XL pipeline.29 The two groups also filed a letter to the NADC, asking the commission to investigate the legality of the scholarship fund and its operations.30 Watchdog groups are questioning how the ALEC scholarship fund, its recipients, and donors comply with Nebraska law, as articulated by the NADC opinions. Whether or not the fund is operating illegally and violating the letter or the law, ALECs scholarship payments violate the spirit of the law, as they are a secret means to funnel payments from lobbyists and corporations to Nebraskan Politicians.
25 26 27
CMD, Oct. 2012 nebraskalegislature.gov, accessed 07/29/13 nebraskalegislature.gov, accessed 07/29/13 28 CMD, Oct. 2012 29 PRWatch, 07/03/13 30 Press Release, Common Cause, 08/05/13
Name Jim Smith Leroy Louden John Synowiecki Ray Aguilar Tom Carlson Vickie McDonald Jeanne Combs Ray Janssen Carol Hudkins Vickie McDonald Donald Pederson
Reason For Travel ALEC ANNUAL MTG, SALT LAKE CITY, UT ALEC ANNUAL MTG, CHICAGO, IL ALEC STATES & NATION POLICY SUMMIT, WASHINGTON, DC ALEC ANNUAL MTG, PHILADELPHIA, PA ALEC SPRING TASK FORCE, HILTON HEAD, SC ALEC SPRING TASK FORCE, HILTON HEAD, SC ALEC STATES & NATION POLICY SUMMIT, PHOENIX, AZ ALEC STATES & NATION POLICY SUMMIT, PHOENIX, AZ ALEC ANNUAL MTG, SAN FRANCISCO, CA ALEC ANNUAL MTG, SAN FRANCISCO, CA ALEC ANNUAL MTG, SAN FRANCISCO, CA
Dates 7/24/28/12 7/29-8/2/08 12/6-9/07 7/24-28/07 4/26-28/07 4/26-28/07 12/6-9/06 12/6-9/06 7/19-22/06 7/19-22/06 7/19-22/06 Grand Total:
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Bills and Issues The Environment ALECs Support of the Keystone XL Pipeline
State Illinois Indiana Kansas Kentucky Louisiana Michigan Minnesota Mississippi Missouri Ohio South Dakota 2013 Bill(s) HR877 SR 41, HR47 HCR5014 SCR273, HR122 SCR115, SCR125 SCR6 HF987, SF479 SR3, SC543 HCR19, SCR 7 SCR7, HCR9 HCR1006 State Alaska Hawaii Iowa Maine Missouri New Jersey Oklahoma Tennessee Washington 2012 Bill(s) HJR37 HCR215, HR166 HR109, SR103 SP676 SCR21, HCR37 AR92, SR65 SCR16, SCR15 HR195 SJM8018
In 2012 and 2013 at least 32 resolutions in 19 states called on the federal government to permit the construction of the Keystone XL pipeline. The states spanned the entire country, from Maine to Hawaii, legislators even in states with seemingly little or no interest in the proposed pipeline rushed to support TransCanadas efforts for the permit. This national effort was spearheaded through ALEC and illustrates several disturbing flaws of ALEC, the promulgation of purely corporate legislation in a coordinated national effort bought and paid for by corporations in an ethically suspect manner. TransCanada is a funder of ALEC, and has sat on ALECs Energy, Environment and Agriculture Task Force.32 At ALECs 2011 States and Nation Policy Summit in Scottsdale, Arizona the task force passed a Resolution in Support of the Keystone XL Pipeline.33 It is unsurprising that a corporate advocacy group would promulgate support for TransCanadas efforts. The Center for Media and Democracy revealed the truly disturbing fact that the model resolution simply parrots TransCanadas talking points.34 Because of ALEC, legislators in states around the nation are replacing legislation with corporate talking points. ALECs veil of secrecy prevents the public from knowing who wrote the model bills, bills can be written by corporate members of the task forces, and TransCanada has sat on the applicable task force. Below is a comparison of some of the resolutions to the TransCanada talking points.
32 33
ALEC 35 Day Mailing, as obtained by Common Cause, 07/01/10 ALEC 35 Day Mailing, as obtained by Common Cause, 04/06/11 34 CMDs PRWatch, 02/15/13
TransCanada Talking Points The Keystone XL project will support the creation of more than 20,000 jobs in the U.S. more than 13,000 construction jobs and 7,000 manufacturing jobs representing work for pipefitters, welders, electricians, heavy equipment operators and other sectors in virtually every state in the U.S. The combined Keystone XL and Gulf Coast projects will inject $20 billion into the U.S. economy and pay over $5 billion in taxes to local counties over their lifetimes. Pipelines are the safest method for the transportation of petroleum products when compared to other methods of transportation, 40 times safer than moving crude oil by rail and 100 times safer than transporting by truck. Keystone XL will replace the equivalent of a tanker train 25 miles long, or 200 ocean tankers per year. This will reduce greenhouse gas emissions by as much as 19 million tons, or the equivalent of taking almost 4 million cars off the road. The United States accounts for 20 per cent of world energy consumption and is the worlds largest petroleum consumer. The U.S. consumes 14 to 15 million barrels of oil each day. Current imports amount to eight to nine million barrels each day, approximately 60 per cent of the United States requirements.
ALEC Model WHEREAS, construction of the project will create 120,000 jobs nationwide including 20,000 in construction and manufacturing, create $20 billion in economic growth and generate millions of dollars worth of government receipts; and
Minnesota HF987 WHEREAS, pipelines are the safest method for the transportation of petroleum products when compared to other methods of transportation. Pipelines are 40 times safer than moving crude oil by rail and 100 times safer than transporting by truck. Keystone XL will replace the equivalent of a tanker train 25 miles long, or 200 ocean tankers per year. This will reduce greenhouse gas emissions by as much as 19 million tons, or the equivalent of taking almost four million cars off the road; and Louisiana SCR125 WHEREAS, the United States of America accounts for nearly nineteen percent of the world energy consumption and is the world's largest petroleum consumer with a daily consumption of almost nineteen million barrels of oil; and WHEREAS, current imports amount to more than eight million barrels each day that represents approximately fifty percent of this country's requirements; and Kentucky HCR 5014 Furthermore, 75% of the pipe used to build Keystone XL in the United States will come from North American mills, with half being made by workers in the United States, and goods for the pipeline valued at approximately $800 million have already been sourced from United States manufacturers:
Goods for the pipeline valued at approximately $800 million have already been sourced from U.S. manufacturers.
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Conflict-free oil from Canada is the largest source of crude for American refineries.
Ohio SCR7 WHEREAS, The growing production of conflict-free oil from the Canadian oil sands and the Bakken formation in Saskatchewan, Montana, and North Dakota can replace crude oil imported from countries that do not share American values and therefore additional pipeline capacity to refineries in the United States Midwest and Gulf Coast regions is required; and
TransCanadas efforts are part of a highly coordinated national effort. The pipeline has received extensive backing from ALEC, as well as the Koch Brothers Americans For Prosperity (AFP), the State Policy Network and its affiliates. Americans for Prosperity, an ALEC member, is the major political group for the Koch Brothers.35 In addition to spending millions on elections around the country, AFP has undertaken a publicity campaign for Keystone XL in Nebraska,36 and around the country.37 Koch Exploration Canada even has a pending permit to extract from the Alberta Tar Sands.38 ALEC, AFP and TransCanada have also forged an alliance with the Laborers International Union of North America to try to gain approval of the Keystone XL. LIUNA Local 1140 and TransCanada partnered to establish Nebraskans for Jobs and Energy Independence (NJEI) to advocate for the Keystone XL pipeline. Local 1140 Business Manager, Ron Kaminski, serves as President and member of the three-member board of directors. NJEIs line has been: construction of KXL would create tens of thousands of jobs, despite a number of reputable studies proving this untrue. On the three-member NJEI Board with LiUNA leader Ron Kaminski is Beth Jensen, Director of Government Relations for TransCanada and an American Legislative Exchange Council (ALEC) Task Force member. Beth Jensen is also a Natural Resources Task Force member for ALEC, and attends their annual meetings along with representatives from the Americans for Prosperity and the American Petroleum Institute. Nebraskans for Jobs and Energy Independence has been the main astroturf organization consistently cited as grassroots support for the Keystone XL. SPN, which is also a member of ALEC and has close ties to the Kochs, coordinates so-called think-tanks nationwide, and in Nebraska through the Platte Institute.39 The Platte Institute has led a media campaign for the pipeline for years,40 as have SPN affiliates around the country.4142 These groups are part of a nationally coordinated corporate financed Astroturf movement for the Keystone XL.
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nytimes.com, accessed 07/26/13 americansforprosperity.org, 11/28/12 37 americansforprosperity.org, accessed 07/26/13 38 CMDs PRWatch, 07/01/13 39 CMDs PRWatch, 04/04/13 40 Platte Institute, Sept. 2011 41 Mackinac Center, 11/07/11 42 Bluegrass Institute, 02/12/12
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As noted in an earlier section, one of the great draws of ALEC for legislators is the corporatefunded Scholarship Funds, which pay for legislators to travel to meet lobbyists at ALEC events. TransCanada has provided funding for these scholarships in the past.43 More recently, TransCanada sponsored an ALEC Academy. The Academy was a small, private junket to Alberta, Canada, for the purpose of seeing tar sand operations, and meeting with lobbyists from Shell, Devon Energy, and of course TransCanada. The price ALEC has stated for sponsoring an ALEC Academy is $80,000, with lobbyists possibly picking up further costs for legislators. 44 For legislators, the trip was extravagant. Legislators were met at the airport by TransCanada lobbyists, and flown in chartered flights around Alberta to visit facilities. Dinners at Ruths Chris Steakhouse, and the Petroleum Club were (for at least some legislators) paid for by lobbyists. The trip was as close to all expenses paid as possible, a fun jaunt with oil lobbyists. At the end, legislators were asked to thank the lobbyists that paid for segments of the trips.45 ALECs corporate financed lavish trips are a major draw for legislators, and a boon to the lobbyists and TransCanada efforts. On this trip to Alberta was Nebraska Senator Jim Smith. The Center for Media and Democracy filed a complaint with the Nebraska Accountability and Disclosure Commission, asking the commission to investigate whether or not Sen. Smith took illegal gifts on the trip.46 CMD asked whether costs of chartered flights and luxurious dinners may have exceeded the $50 per month limit of Nebraska law. At the release of this report, this issue is still outstanding. This was not the first of TransCanadas actions to come under legal scrutiny. In 2010, TransCanda faced controversy over campaign donations to Governor Heineman and Attorney General Bruning. The donations were potentially illegal as TransCanada is a foreign-based company, leading the Attorney General and Governor to return the contributions. 47 Even setting aside the fact that this corporate legislation promulgated by a nationally coordinated apparatus used unethical and legally questionable tactics, its just bad policy. TransCanada uses false estimates of job creation to push for approval of the pipeline.48 The pipeline would dangerously pass close to the Sandhills and over the Ogallala Aquifer, risking spills into a primary water source for agriculture and human consumption for the entire region.49 The risk is real, as illustrated by the track record of the Keystone I pipeline, which spilled 14 times in its first year of operation.50 Through ALEC, this risky corporate agenda has been taken nationwide
43 44
CMD, Oct. 2012 CMDs PRWatch, 07/01/13 45 CMDs PRWatch, 07/01/13 46 CMDs PRWatch, 07/03/13 47 Omaha World-Herald 10/05/10 48 Politifact, 04/11/12 49 Bold Nebraska Map, accessed 07/29/13 50 St. Louis Post-Dispatch, 06/04/11
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2012 LB877 As Introduced Section 1. (1) The owner or operator of a well on which a hydraulic fracturing treatment is performed shall provide the composition of the hydraulic fracturing fluids used in such treatment to the Nebraska Oil and Gas Conservation Commission. The commission
CMD, 09/27/12 Los Angeles Times, 05/26/13 53 Bloomberg Business, 04/01/13 54 Propublica, 04/18/11 55 New York Times, 11/17/11
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with regard to the well; (b) include in the form completed under Paragraph (A): (i) the total volume of water used in the hydraulic fracturing treatment; and (ii) each chemical ingredient that is subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2), as provided by a service company or chemical supplier or by the operator, if the operator provides its own chemical ingredients; (c) post the completed form described by Paragraph (A) on the website described by that paragraph or, if the website is discontinued or permanently inoperable, post the completed form on another publicly accessible Internet website specified by the (relevant state agency) (e) in addition to the completed form specified in Paragraph (D), provide to the (relevant state agency) a list, to be made available on the internet website of the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission or, if necessary, another publicly accessible website, of all other chemical ingredients not listed on the completed form that were intentionally included and used for the purpose of creating a hydraulic fracturing treatment for the well. The (relevant state agency) rule shall ensure that an operator, service company, or supplier is not responsible for disclosing ingredients that: (i) were not purposely added to the hydraulic fracturing treatment; (ii) occur incidentally or are otherwise unintentionally present in the treatment; or (iii) in the case of the operator, are not disclosed to the operator by a service company or supplier. The rule shall not require that the ingredients be identified based on the additive in which they are found or that the concentration of such ingredients be provided; (3) prescribe a process by which an entity required to comply with Subdivision (1) or (2) may withhold and declare certain information
shall provide a form for such purpose, which form shall include: (a) The total volume of water used in the hydraulic fracturing treatment; and (b) Each chemical ingredient that is subject to the requirements of 29 C.F.R. section 1910.1200(g)(2), as provided by a service company or chemical supplier or by the operator if the operator provides its own chemical ingredients. (2) The owner or operator shall submit the completed form to the commission which shall post the completed form on its web site.
(3) The owner or operator shall also provide to the commission a list, to be posted on the commission's web site, of all other chemical ingredients not listed on the form completed under subsection (1) of this section that were intentionally included and used for the purpose of creating a hydraulic fracturing treatment for the well. The commission shall ensure that an owner, an operator, a service company, or a supplier is not responsible for disclosing ingredients that:
(a) Were not purposely added to the hydraulic fracturing treatment; (b) Occur incidentally or are otherwise unintentionally present in the treatment; or (c) In the case of the owner or operator, are not disclosed to the owner or operator by a service company or supplier. The ingredients need not be identified based on the additive in which they are found, and the concentration of such ingredients need not be provided. Sec. 3. The Nebraska Oil and Gas Conservation Commission shall prescribe a process by which an entity required to comply
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as a trade secret including the identity and amount of the chemical ingredient used in a hydraulic fracturing treatment;
(5) limit the persons who may challenge a claim of entitlement to trade secret protection under Subdivision (3) to: (a) the landowner on whose property the relevant well is located; (b) a landowner who owns property adjacent to property described by Paragraph (a); or (c) a department or agency of this state with jurisdiction over a matter to which the claimed trade secret is relevant; (6) require, in the event of a trade secret challenge, that the (relevant state agency) promptly notify the service company performing the hydraulic fracturing treatment on the relevant well, the supplier of the additive or chemical ingredient for which the trade secret claim is made, or any other owner of the trade secret being challenged and provide the owner an opportunity to substantiate its trade secret claim; and (7) prescribe a process, consistent with 29 C.F.R. Section 1910.1200, for an entity described by Subdivision (1) or (2) to provide information, including information that is a trade secret as defined by Appendix D to 29 C.F.R. Section 1910.1200, to a health professional or emergency responder who needs the information in accordance with Subsection (i) of that section.
with section 1 or 2 of this act may withhold and declare certain information as a trade secret for purposes of the Trade Secrets Act, including, but not limited to, the identity and amount of the chemical ingredient used in a hydraulic fracturing treatment. Sec. 4. (1) The following may challenge a claim of entitlement to trade secret protection under section 3 of this act: (a) The landowner on whose property the well is located; (b) A landowner who owns property adjacent to property on which the well is located; or (c) A department or agency of this state with jurisdiction over a matter to which the claimed trade secret is relevant. (3) In the event of a trade secret challenge, the Nebraska Oil and Gas Conservation Commission shall: (a) Promptly notify the service company performing the hydraulic fracturing treatment, the supplier of the additive or chemical ingredient for which the trade secret claim is made, or any other owner of the trade secret being challenged and provide the owner an opportunity to substantiate its trade secret claim; and (b) Prescribe a process consistent with 29 C.F.R. section 1910.1200 for an entity described in section 3 of this act to provide information, including information that is a trade secret as defined by Appendix D to 29 C.F.R. section 1910.1200, to a health professional or emergency responder who needs the information.
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Year: 2013 Bill: LB14 Introduced by: Sen. Krist Result: Died in Committee ALECs Model Great Schools Tax Credit Program Act (G) Educational scholarships means grants to students to cover all or part of the tuition and fees at either a qualifying private school or a qualifying public school, including transportation to a public school outside of a students resident school district. (B) Eligible student means a student who: (1) is a member of a household whose total annual income the year before he or she receives an educational scholarship under this program does not exceed an amount equal to 2.5 times the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program established under 42 USC Section 1751 et seq. Once a student receives a scholarship under this program, the student will remain eligible regardless of household income until the student graduates high school or reaches 21 years of age;1 (2) was eligible to attend a public school in the preceding semester or is starting school in [state] for the first time;2 (3) Resides in [state] while receiving an educational scholarship. (H) Scholarship Granting Organization means an organization that complies with the requirements of the states school scholarship tax credit program and provides or is approved to provide educational scholarships to students attending qualifying schools of their parents choice.
2013 LB14 As Introduced (2) Education scholarship means a financial grant-in-aid to be used to pay all or part of the tuition and fees for attending a qualified school and includes any tuition grants;
(3) Eligible student means a resident of Nebraska who (a) is a dependent member of a household for which the gross income for the most recently concluded calendar year before the student receives an education scholarship pursuant to the Elementary and Secondary Educational Opportunity Act does not exceed three times the income standard used to qualify for a free or reduced-price lunch under the National School Lunch Program established under 42 U.S.C. 1751 et seq. and (b) is or may be enrolled as a full-time student in any of grades kindergarten through twelve in a qualified school;
(A) A taxpayer who files a state income tax return and is not a dependent of another taxpayer may claim a credit for a contribution made to a scholarship granting organization.
(5) Scholarship-granting organization means a charitable organization in this state that (a) is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and (b) is certified pursuant to section 4 of this act to provide taxcredit-supported education scholarships to eligible students to assist them in attending qualified schools; and Sec. 5. (1) An individual taxpayer who makes one or more cash contributions to one or more scholarship-granting organizations during a tax year shall be eligible for a credit against the
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(B) The tax credit may be claimed by an individual taxpayer or a married couple filing jointly in an amount equal to the total contributions made to a scholarship granting organization for educational scholarships during the taxable year for which the credit is claimed up to 50 percent of the taxpayers tax liability. (D) A corporate taxpayer, an individual taxpayer, or a married couple filing jointly may carry forward a tax credit under this program for three years.
(C) The tax credit may be claimed by a corporate taxpayer in an amount equal to the total contributions made to a scholarship granting organization for educational scholarships during the taxable year for which the credit is claimed up to 50 percent of the taxpayers tax liability.
income tax due under the Nebraska Revenue Act of 1967. The amount of the credit shall be sixty percent of the total of such contributions made during the tax year. (2) Taxpayers who are married but file separate returns for a tax year in which they could have filed a joint return may each claim only onehalf of the tax credit that would otherwise have been allowed for a joint return.5 (3) The tax credit allowed under this section shall not exceed the taxpayer's income tax liability for the tax year, but any amount that would otherwise have qualified for the credit but for this limitation may be carried forward and applied against the taxpayer's income tax liability for the next five years immediately following the tax year in which the credit is first allowed. The tax credit cannot be carried back Sec. 8. (1) A corporate taxpayer as defined in section 77-2734.04 which makes one or more cash contributions to one or more scholarshipgranting organizations during a tax year shall be eligible for a credit against the income tax due under the Nebraska Revenue Act of 1967. The amount of the credit shall be sixty percent of the total of such contributions made during the tax year.
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Sec. 4. Persons or entities eligible to submit an application to establish a charter school include, but are not limited to, a business, a corporate entity, two or more certified teachers, or ten or more parents. The application may be filed in conjunction with a college, a university, a museum, or another similar entity. Private, denominational, and parochial schools and schools which elect pursuant to section 791601 not to meet accreditation or approval requirements are not eligible to submit an
ALECExposed.org, accessed 05/29/13 alec.org, accessed 05/29/13 60 ALEC.org, accessed 07/25/13 61 NEPC, 06/24/09 62 ALEC v. Kids, 06/25/13
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institution of higher learning as defined by [insert state statute], as described in Subsection 4(B); (A) The school may limit admission in the following ways: (1) pupils within an age group or grade level; (2) pupils who have attributes designating them as at risk of failure; (3) pupils who have a specific affinity for the schools teaching methods, the schools learning philosophy, or a subject such as mathematics, science, fine arts, performing arts, or a foreign language. (A) An organizer may submit to the sponsor a proposal to establish a charter school. (B) A proposal must contain at least the following information: (1) Identification of the organizer. (2) A description of the organizers organizational structure and governance plan. (3) The following information for the proposed charter school: (l) A description of the physical plant. (m) Budget and financial plans. (e) Educational mission goals. (f) Curriculum and instructional methods. (g) Methods of pupil assessment. (h) Admission policy and criteria, subject to Section 9. (p) Discipline program.
(c) A charter school may limit enrollment to specific grade levels or areas of focus of the school, such as mathematics, science, or the arts; (d) No admission fee or tuition shall be charged to apply to or attend the charter school; (e) A charter school may establish reasonable academic standards as a condition for eligibility for applicants; and (2) An application to establish a charter school shall be submitted each year no later than January 15. Such application shall include, but not be limited to: (a) The name of the applicants; (b) A description of the proposed charter school's organizational structure and governing body; (c) A financial plan for the first year of operation; (d) A description of the charter school's physical plant and location; (e) A description of the grade levels to be included in the school; (f) A description of the academic content standards the charter school will adopt as provided under section 79-762.02 and the curriculum to be provided; and (g) A description of the requirements for enrollment in the charter school and student discipline code required of students. Section 13. If a teacher employed by a school (4) Each school board or board of education district makes a written request for an extended shall grant a leave of absence to any teacher leave of absence to teach at a charter school, employed by the school district requesting the school district shall grant the leave. such leave in order to teach in a charter school. Section 12. Transportation for students Sec. 13. The Class V school district in which a enrolled at a school shall be provided by the charter school is located shall provide school district in which the school is located, transportation to the charter school for students pursuant to [insert state statute], for a student living in such school district who attend the who resides in the same school district in charter school, on the same terms and which the outcomes-based school is located. conditions as transportation is provided to Transportation may be provided by the school students attending the public schools of such district in which the school is located for a school district. Students attending the charter
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school who do not reside in the Class V school district in which the charter school is located shall be eligible for transportation as provided for students pursuant to the option enrollment program established under sections 79-234 to 79-246.
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2011 LB219 As Introduced (2)(a) Any person may make direct payment for a lawful health care service provided to him or her or his or her dependent without the imposition of any fine or penalty. An employer may make direct payment for a lawful health care service provided to an employee or such employee's dependent without the imposition of any fine or penalty. Sec. 3. (1) No individual, employer, or health care provider shall be compelled directly or indirectly to participate in a health care system.
63 64
alec.org, accessed 03/27.87 New York Times, 06/28/12 65 New York Times, 07/16/13 66 ALEC.org, accessed 12/02/13
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(c) Foreign insurers authorized to offer or issue a sickness and accident insurance policy pursuant to this section shall not be required to offer or provide health insurance coverage required by Nebraska law or rules and regulations adopted and promulgated pursuant to Nebraska law except for the requirements in the sections enumerated in subsection (2) of section 44-135. (E) The {insert title of state insurance (d) The director may conduct market and commissioner} shall be authorized to conduct solvency examinations of foreign insurers market conduct and solvency examinations of seeking to offer or issue or offering or issuing all out-of-state companies seeking to offer sickness and accident insurance policies in this health benefit plans in this state or who have state. Such examinations shall be conducted in been given approval to offer health benefit the same manner and under the same terms and plans in this state. Such examinations shall be conditions as examinations are conducted for conducted in the same manner and under the domestic insurers and foreign and alien same terms and conditions as for companies insurers operating pursuant to a certificate of located in this state. authority in this state. (A) The {insert state legislative body} Sec. 4. (1) The Legislature recognizes the need recognizes the need for individuals, employers, for individuals, employers, and other and other purchasers of health insurance purchasers of health insurance in this state to coverage in this state to have the opportunity to have the opportunity to choose health choose health insurance plans that are more insurance policies that are more affordable and affordable and flexible than existing market flexible than existing market policies of policies offering accident and sickness sickness and accident insurance coverage in insurance coverage. Therefore, the {insert this state. Further, the Legislature seeks to
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state legislative body} seeks to increase the availability of health insurance coverage by allowing insurers authorized to engage in the business of insurance in selected states to issue accident and sickness policies in {insert state}. (C) Each written application for participation in an out-of-state health benefit plan shall contain the following language in boldface type at the beginning of the document: (1) This policy is primarily governed by the laws of {insert state where the master policy is filed}; therefore, all of the rating laws applicable to policies filed in this state do not apply to this policy, which may result in increases in your premium at renewal that would not be permissible in a {insert state}approved policy. Any purchase of individual health insurance should be considered carefully since future medical conditions may make it impossible to qualify for another individual health policy. For information concerning individual health coverage under a {insert state}-approved policy, please consult your insurance agent or the {insert state Department of Insurance or similar agency}.
(D) Each out-of-state health benefit plan shall contain the following language in boldface type at the beginning of the document: (1) The benefits of this policy providing your coverage are governed primarily by the laws of a state other than {insert state}. While this health benefit plan may provide you a more affordable health insurance policy, it may also provide fewer health benefits than those normally included as state mandated health benefits in policies in {insert state}. Please consult your insurance agent to determine which state-mandated health benefits are excluded under this policy.
increase the availability of health insurance in the state by allowing insurers authorized to engage in the business of insurance in selected states to offer or issue sickness and accident insurance policies in Nebraska. (2)(a) Any application for a policy of sickness and accident insurance of a foreign insurer, when such policy will be delivered or issued for delivery to any person in this state, shall contain the following in boldface type at the beginning of the application: "The policy which is the subject of this application is primarily subject to the laws of [state of domicile of foreign insurer]. Any rating law applicable to policies offered in this state do not apply to this policy, which may result in an increase in your renewal premium which would not be permissible in a policy subject to the rating laws of the State of Nebraska. Any purchase of individual health insurance should be considered carefully since future medical conditions may make it impossible to qualify for another individual health insurance policy. For information concerning individual health insurance coverage under a policy offered by an insurer subject to the laws of the State of Nebraska, please contact your insurance agent or the Department of Insurance." (b) Any policy of sickness and accident insurance of a foreign insurer, when delivered or issued for delivery to any person in this state, shall contain the following in boldface type at the beginning of the policy: "This policy is primarily subject to the laws of [state of domicile of foreign insurer]. While this health insurance policy may provide you with more affordable health insurance coverage than a policy subject to the laws of the State of Nebraska, it may also provide less coverage than would be included in a policy subject to the laws of the State of Nebraska. Please contact your insurance agent to determine what types of health insurance coverage that would be required by the State of Nebraska is excluded from this policy."
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PRWatch, 07/15/11 Nebraska Legislature Transcriber's Office, 03/15/07 70 Legislative Journal, 04/05/07 71 LB 89 Fiscal note, 03/12/09 72 commoncause.org, accessed 07/30/13 73 ALEC, 09/11/12 74 Nebraska Legislature Committee Statement, 01/22/09 75 CMD, Oct. 2012 76 ussmkeless.com, accessed 07/30/13 77 CMD, Oct. 2012
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2011 LB604 As Introduced Sec. 4. The Attorney General shall not retain a private attorney or law firm to perform legal services on behalf of the state until an open and competitive bidding process has been undertaken. Sec. 5. The Attorney General shall not enter into a contract for legal services exceeding fifty thousand dollars without following the procedures set forth in section 4 of this act. Sec. 6. (1) The Attorney General shall file a proposed contract for legal services made subject to this section by section 5 of this act with the Appropriations Committee of the Legislature if the Legislature is in session or with the Executive Board of the Legislative Council if the Legislature is not in session.
ALEC.org, accessed 07/30/13 Businessweek, 05/03/12 80 ALEC, 2011 81 sourcewatch.org, accessed 07/25/13
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identifies: (C) Within 45 days after the filing of said proposed contract and statement with the clerk, the reviewing committee may hold a public hearing on said proposed contract and, whether or not a public hearing is held, shall issue a report to the referring state agency or state agent. Said report shall include any recommended changes to the proposed contract approved by the committee. If the reviewing committee recommends no changes to the proposed contract within 45 days of the initial filing of the proposed contract with the clerk of the House of Representatives, the referring state agency or state agent may enter into the proposed contract. If the report of the reviewing committee recommends changes to the proposed contract in accordance with this paragraph, the state agency or state agent shall review said report and prepare a revised contract as deemed appropriate in view of said report and shall file with the clerk of the House of Representatives a copy of the revised contract. (D) If the revised contract does not contain all changes recommended by the reviewing committee, the referring state agency or state agent shall include with the revised contract filed with said clerk a letter stating the reasons why the recommended changes were not adopted. Said clerk shall promptly refer such letter and revised contract to the reviewing committee, which may hold additional hearings and issue additional reports in its discretion. Not earlier than 45 days after the filing of such letter and revised contract with the clerk, the referring state agency or state agent may enter into the revised contract. Notwithstanding anything in this Section, any revised contract containing terms not previously reviewed or recommended by said reviewing committee that can reasonably be expected to increase the fees and expenses to be paid shall be treated as a new proposed contract and shall be filed and reviewed in accordance with paragraphs 5A-D.
(2) Within ten days after the filing, the committee or executive board shall hold a public hearing on the proposed contract and thereafter issue a report to the Attorney General. The report shall include any changes to the proposed contract approved by the committee or executive board. The Attorney General shall review the report and adopt a proposed final contract as considered appropriate in view of the committee's or executive board's findings and shall file the proposed final contract with the committee or executive board.
(3) If the proposed final contract does not contain the changes proposed by the committee or executive board, the Attorney General shall include an explanation of the reasons why the proposed changes were not adopted, including any exigent circumstances, with the proposed final contract. No earlier than thirty days after sending the proposed final contract and any explanation to the committee or executive board, the Attorney General may enter into the final contract.
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Year: 2010 Bill: LB763 Introduced by: Sen. Mello Result: Enacted into law ALEC Model Successor Asbestos-Related Liability Fairness Act A.) Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: (1) the health effects of exposure to asbestos, including any claim for: a. personal injury or death; b. mental or emotional injury; c. risk of disease or other injury; or d. the costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; (2) any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and (3) any claim for damage or loss caused by the installation, presence, or removal of asbestos. A.) Except as further limited in Subsection (b),
82 83
2010 LB763 As Introduced (1) Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: (a) Any claim involving the health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance; (b) Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and (c) Any claim for damage or loss caused by the installation, presence, or removal of asbestos;
Southeast Texas Record, 10/26/10 Minnpost, 04/11/12 84 crowncork.com, accessed 07/12/13 85 AP, 01/29/12 86 Better Georgia, 10/13/13
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the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.
subsection (2) of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation. B.) If the transferor had assumed or incurred (2) If the transferor had assumed or incurred successor asbestos-related or liabilities in successor asbestos-related liabilities in connection with a prior merger or connection with a prior merger or consolidation with a prior transferor, then the consolidation with a prior transferor, then the fair market value of the total assets of the prior fair market value of the total gross assets of the transferor, determined as of the time of such prior transferor determined as of the time of the earlier merger or consolidation, shall be earlier merger or consolidation shall be substituted for the limitation set forth in substituted for the limitation in subsection (1) Subsection (a) for purposes of determining the of this section for purposes of determining the limitation of liability of a corporation limitation of liability of a successor corporation. A.) A corporation may establish the fair market Sec. 5. (1) A successor corporation may value of total gross assets for the purpose of establish the fair market value of total gross the limitations under Section 3 through any assets for the purpose of the limitations under method reasonable under the circumstances, section 4 of this act through any method including: reasonable under the circumstances, including: (1) by reference to the going concern value of (a) By reference to the going concern value of the assets or to the purchase price attributable the assets or to the purchase price attributable to or paid for the assets in an arm's-length to or paid for the assets in an arms-length transaction; or transaction; or (2) in the absence of other readily available (b) In the absence of other readily available information from which fair market value can information from which the fair market value be determined, by reference to the value of the can be determined, by reference to the value of assets recorded on a balance sheet. the assets recorded on a balance sheet. B.) Total gross assets include intangible assets. (2) Total gross assets include intangible assets. C.) Total gross assets include the aggregate (3) To the extent total gross assets include any coverage under any applicable liability liability insurance that was issued to the insurance that was issued to the transferor transferor whose assets are being valued for whose assets are being valued for purposes of purposes of this section, the applicability, this Section and which insurance has been terms, conditions, and limits of such insurance collected or is collectable to cover successor shall not be affected by this section, nor shall asbestos-related liabilities (except this section otherwise affect the rights and compensation for liabilities arising from obligations of an insurer, transferor, or workers' exposure to asbestos solely during the successor corporation under any insurance course of their employment by the transferor). contract or any related agreements, including, A settlement of a dispute concerning such without limitation, preenactment settlements insurance coverage entered into by a transferor resolving coverage-related disputes and the
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or successor with the insurers of the transferor before the enactment of this title shall be determinative of the aggregate coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor corporation for uninsured or self-insured periods or periods when insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor corporation with the insurers of the transferor before the effective date of this act shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferors total gross assets. A.) Except as provided in Subsections (b), (c), Sec. 6. (1) Except as provided in subsections and (d), the fair market value of total gross (2) through (4) of this section, the fair market assets at the time of a merger or consolidation value of total gross assets at the time of the increases annually at a rate equal to the sum of: merger or consolidation shall increase annually (1) the prime rate as listed in the first edition of at a rate equal to the sum of: the Wall Street Journal published for each (a) The prime rate as listed in the first edition calendar year since the merger or of the Wall Street Journal published for each consolidation, unless the prime rate is not calendar year since the merger or published in that edition of the Wall Street consolidation, unless the prime rate is not Journal, in which case any reasonable published in that edition of the Wall Street determination of the prime rate on the first day Journal, in which case any reasonable of the year may be used; or determination of the prime rate on the first day (2) one percent. of the year may be used; and B.) The rate in Subsection (a) is not (b) One percent. compounded. (2) The rate found in subsection (1) of this C.) The adjustment of fair market value of total section shall not be compounded. gross assets continues as provided under (3) The adjustment of the fair market value of Subsection (a) until the date the adjusted value total gross assets shall continue as provided in is first exceeded by the cumulative amounts of subsection (1) of this section until the date the successor asbestos-related liabilities paid or adjusted value is first exceeded by the committed to be paid by or on behalf of the cumulative amounts of successor asbestoscorporation or a predecessor, or by or on behalf related liabilities paid or committed to be paid of a transferor, after the time of the merger or by or on behalf of the successor corporation or consolidation for which the fair market value a predecessor or by or on behalf of a transferor of total gross assets is determined. after the time of the merger or consolidation D.) No adjustment of the fair market value of for which the fair market value of total gross total gross assets shall be applied to any assets is being determined. liability insurance otherwise included in the (4) No adjustment of the fair market value of definition of total gross assets by subsection total gross assets shall be applied to any 4(c). liability insurance that is included in total gross
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Section 6. {Scope of Chapter} The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under this chapter, to the issue of successor asbestos-related liabilities.
assets under subsection (3) of section 5 of this act. Sec. 7. (1) The courts of this state shall construe the provisions of the Successor Asbestos-Related Liability Act liberally with regard to successor corporations.
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2007 LB626 As Introduced Section 1. Sections 1 to 8 of this act shall be known and may be cited as the Commonsense Consumption Act. (1) Claim means any claim by or on behalf of a natural person and any derivative or other claim arising therefrom that is asserted by or on behalf of any other person; (4) Knowing and willful means that the conduct constituting the violation: (a) Was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and (b) Was not required by regulation, order, rule, or other pronouncement of a government agency or by a statute administered by a government agency; (5) Other person means an individual, corporation, limited liability company, association, firm, partnership, society, jointstock company, or other entity, including any
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or any other entity, including any governmental entity or private attorney general. (A) Prevention of Frivolous Lawsuits.Except as exempted in paragraph 3B below, a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food (as defined at Section 201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C. 321(f)), or an association of one or more such entities, shall not be subject to civil liability arising under any law of the State of ______ (including all statutes, regulations, rules, common law, public policies, court or administrative decisions or decrees, or other State action having the effect of law) for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food. (B) Exemptions. Paragraph 3A above shall not preclude civil liability where the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food is based on (1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of the State of _____ or the United States of America and the claimed injury was proximately caused by such violation; or (2) Any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful (as defined below), and the claimed injury was proximately caused by such violation.
governmental entity.
Sec. 3. Except as otherwise provided in section 4 of this act, a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, or an association of one or more such entities, shall not be subject to civil liability for any claim arising under any law of the State of Nebraska, including all statutes, regulations, rules, common law, public policies, court or administrative decisions or decrees, or other state action having the effect of law, for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
Sec. 4. Section 3 of this act shall not preclude civil liability when the claim of weight gain or obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food is based on: (1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of the State of Nebraska or of the United States of America and the claimed injury was proximately caused by such violation; or (2) Any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food if the violation is knowing and willful and the claimed injury was proximately caused by such violation.
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(2) Shows a photograph of the person to whom the document was issued; (3) Contains an expiration date, and is not expired. (4) Is issued by the United States or the State of Arkansas.
2013 LB381 As Introduced (2) A document issued by the United States which shows: (a) The name of the individual to whom the document was issued and the name conforms to the name in the voter's voter registration record; (b) A photograph of the individual to whom the document was issued; and (c) An expiration date which is not passed or which passed after the date of the most recent general election; or (3) Any other document which: (a) Is issued by a government entity; (b) Has a photograph of the individual to whom the document was issued; and1 (c) Is approved pursuant to rules and regulations adopted and promulgated by the Secretary of State.
89 90
New York Times, 04/21/12, Los Angeles Times, NBC, 08/21/12 ABC, 09/12/12
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2011 LB48 As Introduced Sec. 3. (1) No official or agency of this state or a county, city, or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. Furthermore, except as provided in federal law, no official or agency of this state or a county, city, or other political subdivision of this state shall prohibit or in any way restrict the sending, receiving, or maintaining of information related to a person's immigration status for the following official purposes: (a) Determining eligibility for any public benefit, service, or license provided by any federal, state, local, or other political subdivision of this state; (b) Verifying any claim of residence or domicile if determination of residence or
PR Watch, 06/25/12 NPR, 10/28/10 Better Georgia, 10/13/13 94 Better Georgia, 10/13/13 95 New York Times, 06/27/12 96 Jurist, 03/22/13
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state public benefit, service or license (2) Verifying any claim of residence or domicile 46 if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state. (3) Confirming the identity of any person who is detained. (4) If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by Title II, Chapter 7 of the Federal Immigration and Nationality Act. (B) For any legitimate contact made by an official or agency of this state or county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made to determine the immigration status of the person. The person's immigration status shall be verified with the federal government pursuant to 8 United States Code Section 1373 (c). (D) Notwithstanding any other law, a law enforcement agency may securely transport an alien who is unlawfully in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. (A) It is unlawful for a person who is unlawfully present in the United States and who is an authorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state. (B) A violation of this section is a Class 1 Misdemeanor (A) It is unlawful for a person to: (1) Transport or move or attempt to transport or move an alien in this state in a means of transportation if the person knows or is in reckless disregard of the fact that the alien has come to, entered or remains in the United
domicile is required under the laws of this state or by a judicial order issued pursuant to a civil or criminal proceeding in this state; (c) Determining whether the person is in compliance with the federal registration laws prescribed by Title II, Chapter 7 of the federal Immigration and Nationality Act, as amended; or (d) Pursuant to 8 U.S.C. 1373 and 8 U.S.C. 1644, as amended.
(2)(a) A peace officer shall determine the immigration status of a person who has been lawfully stopped, detained, or arrested when reasonable suspicion exists that the person is unlawfully present in the United States. (b) If reasonable suspicion exists that an incarcerated person is unlawfully present in the United States, then the custodial authority shall determine the person's immigration status prior to his or her release from custody. (3) Notwithstanding any other law, a law enforcement agency may securely transport a person who is unlawfully present in the United States and who is in the law enforcement agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. Sec. 5. (1) It is unlawful for a person who is unlawfully present in the United States to work as an employee or independent contractor in this state. (2) A violation of this section is a Class I misdemeanor.
Sec. 6. (1) No person shall knowingly or recklessly conceal, harbor, transport, move, or attempt to conceal, harbor, transport, or move, in this state for the purpose of shielding from detection, a person who is unlawfully present in the United States.
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States in violation of law. (2) Conceal, harbor or shield or attempt to conceal, harbor or shield an alien from detection in any place in this state, including any building or any means of transportation if the person knows or is in reckless disregard of the fact that the alien has come to, entered or remains in the United States in violation of law. (3) Encourage or induce an alien to come to or reside in this state knowing or in reckless disregard of the fact that such coming to, entering or residing in this state is or will be in violation of the law
(2) No person shall knowingly or recklessly encourage or induce a person who is unlawfully present in the United States to come to or reside in this state. (3) A violation of subsection (1) or (2) of this section is a Class I misdemeanor. A separate offense may be charged for each unlawfully present person involved in the violation of such subsections.
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2011 LB298 As Introduced A person not engaged in illegal activity who is attacked in a place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force. (a) The person against whom the force is used has unlawfully entered an occupied dwelling or occupied motor vehicle and is not attempting to exit the dwelling or motor vehicle at the time deadly force is used;
(2) The fact that conduct is justifiable under sections 28-1406 to 28-1416 establishes immunity in any civil action against the actor
Progress Iowa, Jan. 2013 Media Matters, 03/27/12 99 PR Watch, 2/27/13 100 NPR, 01/02/13
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refer to the use of force including deadly force] is justified in using such force and is immune from criminal prosecution and civil action for the use of such force,
for such conduct unless the actor recklessly or negligently injures or creates a risk of injury to an innocent person or innocent persons as set forth in subsection (2) or (3) or section 281414.
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2013 LB390 as Introduced (1) Notwithstanding any other law, no person acting on behalf or under the authority of the state or a political subdivision of the state may do any of the following during a declared state of emergency: (a) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage, or display of a firearm or ammunition;3 (b) Seize or confiscate, or authorize the seizure or confiscation of, any otherwise lawfully possessed firearm or ammunition unless the person acting on behalf of or under the authority of the state or a political subdivision of the state is (i) defending himself or herself or another from an assault, (ii) arresting a person in actual possession of a firearm or ammunition for a violation of law, or (iii) seizing or confiscating the firearm or ammunition as evidence of a crime; or (c) Require registration of any firearm or ammunition for which registration is not otherwise required by law. (3) Any individual aggrieved by a violation of this section may seek relief in an action at law
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an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section. (b) REMEDIES- In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the jurisdiction in which that individual resides or in which such firearm may be found.
or in equity for redress against any person who subjects such individual, or causes such individual to be subjected, to an action prohibited by this section.
(c) ATTORNEY FEES- In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States or [insert state name], a reasonable attorney's fee as part of the costs.
(4) In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may bring an action for the return of such firearm or ammunition, or the value thereof if the firearm or ammunition is no longer available, in the county court of the county in which that individual resides or in which such firearm or ammunition is located or in which the seizure or confiscation occurred. (5) In any action or proceeding to enforce this section, the court shall award a prevailing plaintiff costs and reasonable attorney's fees.
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Year 2008 2008 2008 2008 2008 2008 2008 2008 2008 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007
103
Entity Vickie McDonald William Avery Mark Christensen John Synowiecki Eli Lilly James H. Moylan Verizon Pete Pirsch Abbie Cornett Transferred from NE Scholarship Account 02/04 Abbie Cornett Jeanne Pence Eli Lilly Pfizer Nebraska Farm Bureau Federation Nebraska Telecommunications Association Radcliffe and Associates Nebraska Chamber of Commerce & Industry Nebraska Bankers Assocation Nebraska Press Association Metropolitan Utilities District of Omaha Takeda Pharmaceuticals Mark Christensen Verizon Reynolds America UST Public Affairs Inc. Nebraska Trucking Association Tom White Bayer Healthcare Mark Christensen Ray Aguilar State Farm Insurance Company Joel Johnson
Money In
$500.00 $250.00 $1,500.00 $1,304.88 $1,183.00 $34,605.81 $849.22 $1,563.28 $500.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $1,067.98 $500.00 $350.00 $1,500.00 $350.00 $1,082.37 $1,000.00 $1,735.50 $1,194.02 $250.00 $1,240.84
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2007 2007 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006
Abbie Cornett Abbie Cornett KinderMorgan Gwen Howard John Jordison Jeanne Combs Rad Cliffe Abbie Cornett Gwen Howard Union Pacific Railroad Bayer Healthcare Pfizer Inc RJ Reynolds NE Farm Bureau Federation Metropolitan Utilities District of Omaha NE Bankers Association Great Plains Communications Donald Pederson NE Telecom Association Carol Hudkins NE Chamber of Commerce & Industry Verizon Transfer
$1,344.40 $900.90 $350.00 $500.00 $1,640.02 $120.39 $350.00 $1,089.84 $168.00 $350.00 $1,500.00 $350.00 $350.00 $350.00 $350.00 $350.00 $1,662.23 $1,200.00 $350.00 $1,170.44 $350.00 $1,000.00
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