2023 SESSION, 108TH LEGISLATURE The Legislature continued to “slow walk” the process, as only 10 bills were advanced from General File to Select File during the past week. With the deadline for designating priority bills rapidly approaching, opportunities for bills without priority designation to be adopted is diminishing. It is anticipated that Committees will, more than usual, be combining multiple bills into Committee priority bills to maximize their ability to push measures across the finish line. Action Needed - Oppose LB 483!LB 483 will be heard by the Banking, Commerce and Insurance Committee on Tuesday, March 7. The bill, introduced by Senator Jane Raybould (Lincoln), would authorize a state or federal credit union to hold public deposits of the state or any political subdivision of the state. A “Background Paper” setting forth additional information and talking points accompanies this NBA Legislative Update for your assistance in contacting members of the Banking, Commerce and Insurance Committee to encourage opposition to the measure. Public Entity Investment Bills WithdrawnThe Legislature has withdrawn the following bills, opposed by the NBA, from further consideration this session: LB 476 - Public Entities Investment Trust Act Introduced by Senator Justin Wayne (Omaha), LB 476 would have authorized the creation of trusts to provide an investment pool into which all public entities (excluding the state of Nebraska and any agency thereof) may deposit funds. LB 594 - Local Government Investment Pools Senator Brian Hardin (Gering) is the sponsor of LB 594, a bill that would have authorized a local government investment pool created under the laws of the state, including the Interlocal Cooperation Act, to allow for the purpose of investing the funds of two or more political subdivisions in commercial paper if the commercial paper a) has a stated maturity of 390 days or fewer from its date of issuance; and b) receives an investment quality rating of not less than A-1 or P-1, or an equivalent rating, by a nationally recognized investment rating firm. Balancing the BudgetThe Appropriations Committee continues to conduct hearings on State Agency budget requests and must also process 73 other pending bills which have been referred to the Committee. The Committee released its preliminary budget late last week, which contains the following highlights:
Upcoming HearingsThe following bills, opposed by the NBA, will be heard before the Revenue Committee: Revenue Committee – March 3 LR 6CA – Proposed Constitutional Amendment/Consumption Tax Introduced by Senator Steve Erdman (Bayard), LR 6CA would prohibit governmental entities from imposing any taxes other than retail consumption taxes and excise taxes. LR 7CA – Proposed Constitutional Amendment/Consumption Tax Also introduced by Senator Erdman, LR 7CA would require the state to impose a consumption tax or an excise tax on all new goods and services and to provide a tax exemption for grocery items. LB 79 - Taxation Consumption Tax Act Senator Erdman also introduced LB 79, which would eliminate all property, income and corporate taxes and replace it with a tax on the use or consumption in the state of Nebraska of taxable property or services (excludes intangible property and services) at a rate of 7.5%. The legislation would impose the consumption tax on financial intermediation services, including explicitly and implicitly charged fees for financial intermediation services to be collected with the same frequency that statements are rendered by the financial institution, but not less frequently than quarterly. Background Paper - Credit Union Access to Public FundsIssue: LB 483 - Credit Union Access to Public Funds
Introducer: Senator Jane Raybould (Lincoln) NBA Position: OPPOSED Background: The following bill that would expand the powers of credit unions in Nebraska has been introduced, which is opposed by the NBA. LB 483 would authorize a state or federal credit union to hold public deposits of the state or any political subdivision of the state. Arguments in Opposition to LB 483:
Please contact the members of the Banking, Commerce and Insurance Committee set forth below to encourage them to OPPOSE LB 483.
2023 SESSION, 108TH LEGISLATURE Lawmakers adjourned on Thursday for a long, four-day weekend. With one-third of the 2023 Legislative Session in the books, much work remains. Having completed two weeks of two-a-day Committee hearings, the Legislature scheduled initial floor debate on bills that had advanced from Committee on Monday, February 13. Unfortunately, the Legislative body ground to a screeching halt over confirmation reports (Gubernatorial appointments) that typically take a few minutes each to process, by spending three full mornings of debate (approximately eight hours) on the confirmation reports. At long last, on Thursday morning, bills on General File were debated, with 12 bills advanced to Select File, including three bills on the NBA Affirmative Legislative agenda. Floor Debate CommencesThe following NBA Affirmative Legislative bills were debated on the floor of the Legislature on Thursday morning and have been advanced to Select File: LB 94 – UCC Article 12 Introduced by Senator Julie Slama (Dunbar), LB 94 would adopt Uniform Commercial Code, Article 12, relating to controllable electronic records. (NBA Position: Support) LB 207 – Trust Deeds - Location of Trustee's Sale Senator Brad von Gillern (Omaha) is the sponsor of LB 207, which would clarify that the sale of property pursuant to a power of sale under a trust deed may be conducted on the premises, at the county courthouse, or in any public building in which county offices are located within the county in which the property to be sold is situated. (NBA Position: Support) LB 279 – Executive Officer Reporting Requirements Senator Kathleen Kauth (Omaha) introduced LB 279, which would eliminate the requirement for executive officers to make annual reports regarding the amount of loans or indebtedness on which he or she is a borrower, cosigner, or guarantor, the security therefor, and the purpose for which the proceeds have been or are to be used. (NBA Position: Support) In response to concerns expressed by the Nebraska Department of Banking and Finance, a Committee amendment to allow the Board of Directors to retain flexibility to obtain a credit report for its executive officers on an annual basis was adopted prior to advancing the bill. Committee Hearing ActivityThe following bills, opposed by the NBA, were heard before the Banking, Commerce and Insurance Committee on February 13:
LB 730 - Fair Access to Financial Services Act Introduced by Senator Rick Holdcroft (Bellevue), LB 730 would restrict financial institutions from limiting access to financial services (financial product or service) for any reason other than objective financial criteria. The bill would prohibit a financial institution from denying any person a financial service offered by the financial institution unless justified by such person’s documented failure to meet quantitative, impartial and risk-based financial standards established in advance by the financial institution. (NBA Position: Oppose) Many thanks to Brad Koehn, Midwest Bank (Lincoln), and Nick Vrba, First State Bank & Trust Co. (Fremont), for testifying in opposition to LB 730 on behalf of the NBA. Koehn noted that the bill, by only allowing provisions of banking services to be denied based on “quantitative, impartial, and risk-based financial standards” would prevent a bank from utilizing the “CHARACTER” component of the five-C’s of credit and management experience in making loan decisions. Vrba suggested to the Committee that “banks should be free to lend to, invest in, and generally do business with any entity or activity that is legal, without government interference. Banks should be free not to lend, invest, or otherwise engage so long as they do not violate statutory, regulatory, fair lending or other anti-discrimination laws.” He also noted that “the free-market approach to banking industry regulation has produced the strongest and most resilient financial system in the world.” LB 743 - Investment Neutrality in Public Funds Act Also introduced by Senator Kauth, LB 743 would require any investment manager, fiduciary, governing body or financial institution in making and supervising investments of any public fund to discharge its duties solely in the financial interest of the beneficiaries for the exclusive purposes of a) providing financial benefit to the beneficiaries, and b) defraying reasonable expenses related to administration of the benefits. The bill would require a fiduciary to take into account only financial (having a material effect on the financial risk of the financial return of an investment) factors when discharging its duties with respect to investments of public funds (financial does not include any action taken, or factor considered, by a fiduciary with any purpose whatsoever to further social, political, or ideological interests). (NBA Position: Oppose) NBA General Counsel Bob Hallstrom testified in opposition to LB 743, indicating that an investment manager’s fiduciary duty currently prohibits utilization of ESG factors for personal reasons by the fiduciary and that prohibiting a fiduciary from investing in certain, specified types of investments that may be in the financial best interests of beneficiaries inhibits the ability of a fiduciary to fulfill its obligations to the beneficiaries. 2023 SESSION, 108TH LEGISLATURE Friday marked the 26th day of the long, 90-day 2023 Legislative Session and the end of two-a-day Committee hearings. When lawmakers convene next Monday morning, floor debate will commence on initial bills that have advanced from Committee to General File. Floor Debate to CommenceA number of bills on the NBA Affirmative Legislative agenda got out of the chute early and should be debated on the floor of the Legislature early next week, including the following: LB 94 - UCC Article 12 Introduced by Senator Julie Slama (Dunbar), LB 94 would adopt Uniform Commercial Code, Article 12, relating to controllable electronic records. (NBA Position: Support) LB 207 - Trust Deeds - Location of Trustee's Sale Senator Brad von Gillern (Omaha) is the sponsor of LB 207, which would clarify that the sale of property pursuant to a power of sale under a trust deed may be conducted on the premises, at the county courthouse, or in any public building in which the county offices are located within the county in which the property to be sold is situated. (NBA Position: Support) LB 279 - Executive Officer Reporting Requirements Senator Kathleen Kauth (Omaha) introduced LB 279, which would eliminate the requirement for executive officers to make annual reports regarding the amount of loans or indebtedness on which he or she is a borrower, cosigner, or guarantor, the security therefor, and the purpose for which the proceeds have been or are to be used. (NBA Position: Support) In response to concerns expressed by the Nebraska Department of Banking and Finance, an amendment was agreed to by the NBA and adopted by the Committee to allow the Board of Directors to retain the flexibility to obtain a credit report for its executive officers on an annual basis. Upcoming HearingsThe following bills, opposed by the NBA, will be heard before the Banking, Commerce and Insurance Committee on February 13: Action Needed - Oppose LB 730 and LB 743! LB 730 - Fair Access to Financial Services Act Introduced by Senator Rick Holdcroft (Bellevue), LB 730 would restrict financial institutions from limiting access to financial services (financial product or service) for any reason other than objective financial criteria. The bill would prohibit a financial institution from denying any person a financial service offered by the financial institution unless justified by such person's documented failure to meet quantitative, impartial and risk-based financial standards established in advance by the financial institution. (NBA Position: Oppose) LB 743 - Investment Neutrality in Public Funds Act Also introduced by Senator Kauth, LB 743 would require any investment manager, fiduciary, governing body or financial institution in making and supervising investments of any public fund to discharge its duties solely in the financial interest of the beneficiaries for the exclusive purposes of a) providing financial benefit to the beneficiaries, and b) defraying reasonable expenses related to administration of the benefits. The bill would require a fiduciary to take into account only financial (having a material effect on the financial risk of the financial return of an investment) factors when discharging its duties with respect to investments of public funds (financial does not include any action taken, or factor considered, by a fiduciary with any purpose whatsoever to further social, political, or ideological interests). (NBA Position: Oppose) A "Background Paper" setting forth additional information and "talking points" on LB 730 and LB 743 accompanies this NBA Legislative Update for your assistance in contacting members of the Banking, Commerce, and Insurance Committee to encourage opposition to the measures. Committee Hearing ActivityThe NBA presented testimony before a number of Committees during the past week, including the following: Government, Military & Veterans Affairs Committee - February 7 LB 116 - Beginning Farmer Tax Credit Act Introduced by Senator Tom Brandt (Plymouth), LB 116 would increase the net worth requirements for individuals to be qualified as a beginning farmer or livestock producer under the Beginning Farmer Tax Credit Act from $200,000 to $1 million (pension, retirement, or other types of deferred benefit accounts owned by the beginning farmer or livestock producer, including such accounts owned by a spouse or dependent would be excluded from the determination of a qualified beginning farmer's or livestock producer's net worth). (NBA Position: Support) Government, Military & Veterans Affairs Committee - February 9 LB 268 - Political Subdivision Investment Pool Introduced by Senator Steve Halloran (Hastings), LB 268 would authorize any political subdivision vested with taxing authority including quasi-public entities, joint public agencies created pursuant to the Joint Public Agency Act and joint entities created pursuant to the Interlocal Cooperation Act located in Nebraska to participate in a trust or investment pool established within the office of the State Treasurer. (NBA Position: Oppose) A big thanks to the many bankers who contacted members of the Government, Military, and Veterans Affairs Committee to express opposition to LB 268. Senator Halloran in his opening remarks indicated that the was asking the Committee to hold the bill and take no action this session. Background Paper: Environmental, Social and GovernanceIssue - Environmental, Social, and Governance (LB 730 / LB 743)
NBA Position: Oppose Background: The following bills, opposed by the NBA, have been introduced which would require adherence to anti-Environmental, Social, Governance (ESG) policies for financial institutions in Nebraska. LB 730 (Introducer – Senator Rick Holdcroft, Bellevue) would restrict financial institutions from limiting access to financial services (financial product or service) for any reason other than objective financial criteria. The bill would prohibit a financial institution from denying any person a financial service offered by the financial institution unless justified by such person’s documented failure to meet quantitative, impartial, and risk-based financial standards established in advance by the financial institution. LB 743 (Introducer – Senator Kathleen Kauth, Omaha) would require any investment manager, fiduciary, governing body or financial institution in making and supervising investments of any public fund to discharge its duties solely in the financial interest of the beneficiaries for the exclusive purposes of a) providing financial benefit to the beneficiaries, and b) defraying reasonable expenses related to administration of the benefits. The bill would require a fiduciary to take into account only financial (having a material effect on the financial risk of the financial return of an investment) factors when discharging its duties with respect to investments of public funds (financial does not include any action taken, or factor considered, by a fiduciary with any purpose whatsoever to further social, political, or ideological interests). Arguments in Opposition to LB 730 / LB 743:
Please contact the members of the Banking, Commerce and Insurance Committee set forth below to encourage them to OPPOSE LB 730 and LB 743.
2023 SESSION, 108TH LEGISLATURE Full Day Committee Hearings CommenceThe legislature began “two-a-days” (committee hearings in the morning and afternoon) this week with a total of 133 hearings conducted during the past week. With controversial issues relating to reproductive rights, voter ID, and the sheer number of bills having to be heard by a committee in their afternoon sessions, many hearings extended late into the evening. More of the same is expected next week, as an additional 97 bills are scheduled for public hearing. More normal routines will return starting on February 13 when the legislature returns to committee hearings in the afternoons only and begins floor debate on bills that have been advanced from committee to General File in the mornings. As of the close of business on Friday, only 16 bills are ready for General File debate. Committee Hearing ActivityNBA presented testimony before a number of Committees during the past week, including the following: Business and Labor Committee – January 30 LB 249 – Rural Workforce Housing Investment Act Introduced by Senator Tom Briese (Albion), LB 249 would expand the definition of workforce housing to include housing that does not receive federal or state low-income housing tax credits, community development block grants, home funds, funds from the National Housing Trust Fund, or funds from the Affordable Housing Trust Fund, thereby allowing for the use of such funds, together with Rural Workforce Housing Investment Funds. The bill would also allow a nonprofit development organization to apply for more than one grant subject to a limitation on the maximum amount of grant funds awarded to such nonprofit development organization over a two-year period to no more than $5 million. (NBA Position: Oppose) NBA General Counsel Bob Hallstrom expressed concern that removing the “anti-stacking” provisions in current law would impose income-based restrictions on Rural Workforce Housing projects and adversely impact the program. Banking, Commerce and Insurance Committee - January 30 LB 67 – Public Funds Introduced by Senator Julie Slama (Sterling), LB 67 would require the state treasurer to ensure that money deposited by the state treasurer’s office is not used by financial institutions for social or political causes or objectives. (NBA Position: Oppose and Seek Amendments) LB 669 – Department of Banking Conditional Orders Introduced by Senator Beau Ballard (Lincoln) LB 669 would authorize the director of the Department of Banking to prescribe conditions for banks, trust companies, credit unions, building and loan associations, savings and loan associations, digital asset depositories, and their holding companies, if any, as part of any written order, decision, or determination required to be made pursuant to the Nebraska Banking Act, Chapter 8, Article 3, the Credit Union Act, and the Nebraska Financial Innovation Act. (NBA Position: Support) LB 674 – Nebraska Financial Innovation Act Introduced by Senator Mike Jacobson (North Platte), LB 674 would make technical corrections to the Nebraska Financial Innovation Act regarding digital asset depositories. (NBA Position: Support) Revenue Committee - February 1 LB 589 – School District Property Tax Limitation Act Also introduced by Senator Briese, LB 589 which would prohibit a school district from making a property tax request for any year in excess of 3% more than its property tax request in the prior year, or the percentage increase in the Consumer Price Index except with approval of the majority of its school board or by a 60% majority of the registered voters in a Primary, General or Special Election. (NBA Position: Support) Revenue Committee - February 2 The following bills contained within Governor Pillen’s package of individual and corporate income tax rate reduction legislation were the subject of public hearings before the Revenue Committee on February 2. LB 754 – Taxation - Corporate Income Tax Reductions Introduced by Senator Lou Ann Linehan (Elkorn) LB 754 would reduce the maximum individual income tax rate from 6.84% to 3.99% and also reduce the maximum corporate income tax rate from 7.25% to 3.99% over the next five years. (NBA Position: Support) LB 804 – Taxation - Corporate Income Tax Reductions Senator Brad von Gillern (Omaha) is the sponsor of LB 804 which would reduce the maximum corporate income tax rate from 7.25% to 5.84% on January 1, 2023. (NBA Position: Support) LB 806 – Taxation - Individual Income Tax Reduction Senator von Gillern (Omaha) has also introduced LB 806 which would reduce the maximum individual income tax rate from 6.84% to 5.84% on January 1, 2023. (NBA Position: Support) Judiciary Committee- February 2 LB 330 - Small Estate Affidavit - Endorsement of Checks Senator Wendy DeBoer (Omaha) has introduced legislation (LB 330) on behalf of the NBA which would change provisions relating to small estate affidavits and the negotiation of checks made payable “to the estate of” by authorizing a financial institution to accept such a check endorsed by the successor named in a small estate affidavit. The bill would clarify in the law to avoid the need to have a new check issued by the drawer of the check under such circumstances. (NBA Position: Support) LB 579 - Nebraska Uniform Real Property Transfer on Death Act Senator DeBoer is also the sponsor of LB 579 which Would require a transfer on death deed to contain a WARNING that following the death of the transferor, the transferor’s insurance policy covering the property transferred is only effective for 60 days thereafter. The legislation would also provide that upon a transfer of real estate pursuant to a recorded transfer on death deed, that the beneficiary of the transfer on death deed becomes the named insured under any policy insuring the property for a period of 60 calendar days immediately following the death of the insured. (NBA Position: Support) Revenue Committee- February 3 LB 641 – Taxation - Social Security Benefits Introduced by Senator Kathleen Kauth (Omaha) LB 641 would exclude 70% of Social Security benefits included in federal adjusted gross income from state taxation beginning January 1, 2023, and 100% of such benefits beginning January 1, 2024. (NBA Position: Support) Upcoming HearingsGovernment, Military & Veterans Affairs Committee - February 7 LB 116 - Beginning Farmer Tax Credit Act Introduced by Tom Brandt (Plymouth) LB 116 would increase the net worth requirements for individuals to be qualified as a beginning Farmer or livestock producer under the beginning Farmer Tax Credit Act from $200,000-$1 million (pension, retirement, or other types of deferred benefit accounts owned by the beginning farmer or livestock producer, including such accounts owned by a spouse or dependent would be excluded from the determination of a qualified beginning farmer’s or livestock producer’s net worth). (NBA Position: Support) Government, Military & Veterans Affairs Committee - February 9 Action Needed - Oppose LB 268!LB 268 - Political Subdivision Investment Pool Introduced by Senator Steve Halloran (Hastings) LB 268 would authorize any political subdivision vested with taxing authority including quasi-public entities, joint public agencies created pursuant to the Joint Public Agency Act and joint entities created pursuant to the Interlocal Cooperation Act located in Nebraska to participate in a trust or investment pool established within the office of the State Treasurer. (NBA Position: Oppose) LB 268 will be heard by the Government, Military and Veterans Affairs Committee on Thursday, February 9. A “Background Paper” setting forth additional information and talking points accompanies this NBA Legislative Update for your assistance in contacting members of the Government, Military and Veterans Affairs Committee to encourage opposition to the measure. NBA State Government Relations Forum A SuccessOver 60 bankers were in attendance at the NBA Government Relations Forum on Thursday, January 26. Bankers enjoyed lunch with state senators and presentations in the afternoon by a panel of state senators (Senator Julie Slama, Senator Mike Jacobson and Senator Rob Clements); Kelly Lammers, Director of the Department of Banking and Finance; and Mike Higers, Attorney General. NBA General Counsel Bob Hallstrom gave an overview of the legislative session activities and a review of the bills of interest to the NBA. Associate General Counsel Ryan McIntosh moderated the state senator panel. The NBA Government Relations Committee and Board of Directors met in conjunction with the State Government Relations Forum and have established the NBA's formal positions on bills of interest to the banking industry. The Bill Summary will be forwarded with next week’s NBA Legislative Update. Background Paper Political Subdivision Investment PoolsNBA Position: Opposed
Background: A series of bills, including LB 268, have been introduced this session that would allow local political subdivisions to band together to form investment pools. Introduced by Senator Steve Halloran (Hastings) LB 268 would authorize any political subdivision vested with taxing authority including quasi-public entities, joint public agencies created pursuant to the Joint Public Agency Act and joint entities created pursuant to the Interlocal Cooperation Act located in Nebraska to participate in a trust or investment pool established within the office of the State Treasurer. In contacting members of the Government, Military and Veterans Affairs committee listed below, please consider making the following arguments in opposition to LB 268. Arguments in Opposition to LB 268:
Please contact the members of the Government, Military & Veterans Affairs Committee set forth below to encourage them to oppose LB 268.
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