Lincoln Journal Star from Lincoln, Nebraska • 21

FRIDAY, JANUARY 12, 1900 LINCOLN. NE, jOURNALl LEGISLATURE 321 legislature Plan limits revenue Camber tsays rigiits los of local governments advanced but appeal By Catharine i Journal 8tatehouse Bureau 'Despite warnings that they were tak big away constitutional rights, Nebraska lawmakers on Thursday gave first-round approval to a measure that, would create an intermediate court of appeals. -After more than six hours of debate, CR8CA, the proposed constitutional amendment that would create a new sjate court designed to help ease the caseload of the Nebraska Supreme Court, was advanced 2M If it survives, tQ more rounds of, floor debate, Ne-braskans will vote on the issue in 'MLli A temporary intermediate appeals' court was created last year and will operate until December, using three, jqdge panel to hear appeals of lower court rulings. The Supreme Court currently has a two-year backlog. Amendments failed Ernie Chambers of Omaha uh-.

successfully tried to amend the resolution to allow appeal to the Supreme Court in all felony cases, in any case in-, wiving a homicide and in cases involving a ruling by the Commission of Industrial Relations. He also co-sponsored an amendment that would have allowed the Legislature to confirm members of the appellate court 'Chambers, who said the measure: The concept rather than the numbers, is the key to a proposed revenue limit for local governments, Sen, Jerome Warner of Waverly said "The Legislature can discuss the ap propriate numbers to put in, be sail now, the proposal he is sponsor ing at the request of Gov. Kay Orr would put a 4 percent limit on the combined revenues that local governments get from property taxes and state aid The limit for 1990-91 would be compounded annually from a base year of 1988-89, which would mean many local gover nments would have to cut their property tax requirements next year because they increased them by more than 4 percent this year. Could be changed Warner indicated both the percentage and the base year could be changed. He acknowledged using 1988-89 as a base would work a hardship on some entities.

He said he likes the 4 percent limit be cause it is consistent with the average growth in state revenues, not counting last year's performance that upped the average to 5.1 percent Public sentiment on property taxes means "it's not a question of if but how" to put a limitation on local governments, he said He said the limitation must be work able and effective and must promote ef ficient government "It can't be 'let's pretend we have a "he said Warner said he wants to tie state aid and property tax requirements in the limitation because it would encourage consistent increases in state aid to local governments, whicl. has not happened in the past "I've become convinced that a restraint on revenue which ties property court would create an elitist court that would hear the appeals of the rich and powerful, said the framers of the Constitution believed defendants in felony cases should have a right to appeal to the highest court. He cited the accusation of an innocent man in the recent shooting of a pregnant woman in Boston as evidence that mistakes can be made. 'Must be recourse "When this can happen, something has to be done to make redress Chambers said. "There has to be re-: course." Sen.

Doug Kristensen of Minden said the resolution simply sets up a frame-! work for the court and that legislators will retain the right to decide later; which types of cases would be heard by the three three-judge panels and which would go to the Supreme Court The Chambers amendment failed 11-27. In his bid to extend the right of appeal to the Supreme Court to defendants in homicide cases, Chambers said: "Rights that people have today are being taken -away and people should know it They away your constitutional right to appeal" That amendment failed 11-24 In trying to guarantee that appeals from the industrial, commission would go to the Supreme Court, Chambers challenged fellow legislators to go on record in either support or opposition of ought to be put aside." Elmer co-sponsored the bill with Sens. Rex Haberman of Imperial Bernice La- i bedz of Omaha, Jacklyn Smith of Hastings, John Weihing of Gering and Gerald Conway of Wayne. The bill would define two classifica-tions of real property: "Type A real property shall mean all land, including land under water, and all mines, minerals in place, quarries, sand and gravel pits, mineral springs and wells, and oil and gas wells. "Type real property shall mean any improvement upon or beneath type real property, which remains, in the nor- mat course of events, affixed upon or be-' neath such property for longer than 12 months.

For purposes of this subsection, improvement shall mean any property 4ft 1 JL MM Proposal addresses property Bill would get rid most personal property taxes except on vehicles Landis wants to. expedite debate on depositor aid. By Associated Press A proposal that would do away with most personal property taxes but keep it on motor vehicles and make pipelines subject to a tax on real property has bieen introduced in the Legislature. LB1115 was co-sponsored by six law-. makers.

EThe state's personal property tax system has been thrown for a series of loops by judicial decisions that granted exemptions to railroads and pipeline companies. "We think it would be about a wash in terms of the fiscal impact" Sen. Owen Elmer of Indianola said on "The county officials are getting some research done on what the impact might be, Well wait and try to get some idea if this is the cure or if it's something that lEMISl i 1 A bill that would partially reimburse depositors In the failed Commonwealth Savings, State Security Savings and American Savings companies may be debated next week, Speaker of Legislature Bill Barrett of Lexington said Friday. Sen. David Landis of Lincoln introduced a motion Friday to suspend legislative rules that would normally prevent the bill from being considered for a final vote before mid-March.

Barrett said the motion could be voted on toward the' middle or end of next week. As debated last year, LB272A would have appropriated (33.8 million to reimburse depositors in the three (ailed institutions, up to the $30,000 they were supposedly guaranteed by the Nebraska Depository Institution Guaranty Corp. When Commonwealth failed in 1983, State mammogram program proposed By Associated Press The state Department of Health would set up a statewide program to provide mammography for women over 40 under a bill introduced Thursday by Sen. Jim McFarland of Lincoln. The program, LBllll, would require that mammograms X-rays to screen for breast can-: cer be available to women between the ages of 40 and 49 every two years, and once a year to women 50 and older or women with a history of breast cancer.

McFarland also sponsor! LB1110 with Sen. DiAnna Schimek of Lincoln to require most health insurance policies to include coverage for biennial screening by mammography. Bill would lower DWI threshold By Associated Press It would take less alcohol in a driver's blood for him or her to be deemed legally drunk under a bill Introduced in the Legislature by four senators Thursday. The current blood-alcohol level for determining when a driver is intoxicated is 0.10 of 1 gram or more by weight of alcohol per 100 milliliters of blood. The new level would be 0.08 of 1 gram to the same amount of blood The measure was sponsored by Sens.

Roger Wehrbein of Platts-mouth, Sharon Beck of Omaha, La Von Crosby of Lincoln and Rex Haberman of Imperial. Street plant subject of bill A bill introduced for the city of Lincoln and Lancaster County contains a mechanism for more easily administering the Street power plant LB1098, sponsored by Sens. DiAnna Schimek and Lavon Crosby of Lincoln, would allow the city to establish a public build ing commission. Only Omaha has authority to establish such a com mission now. Two members of the City Council two members of the County Board and a member of the public would make up the commission, which would oversee, such things as space allocation and security for the building.

The Street power plant is to be renovated for use by the sher iffs of ice, the Police Department and other city and county uses. Discrimination in housing targeted By United Press International Sen. Don Wesely of Lincoln introduced a bill Thursday to establish a comprehensive state hous ing plan and prohibit cuscrimina- Uon in housing. LB1113, co-sponsored by Sen. DiAnna Schimek of Lincoln, adopts the Nebraska Fair Hous ing Act It requires the Gover nor's, Policy Research Office to establish a comprehensive state housing plan to address state housing issues.

The plan must be submitted to the governor and the Legislature by the first of next year. Chambers9 Styrofoam police nixed Nebraska legislators turned down an opportunity to make FOOLS for themselves Friday. The action came as lawmakers rejected a resolution by Sen. Ernie Chambers of Omaha to create Finders of Outlawed Legislative Styrofoam (FOOLS). Chambers offered the resolution after senators' adoption of a resolution Wednesday to ban the use of Styrofoam containers by legislators and staff.

Chambers objected that the resolution was hypocritical because the Legislature was not addressing pollution in a serious fashion. But he said the FOOLS resolution was a logical follow-up to enforce the ban. "You can see how serious I take it" he said, holding up a Styrofoam cup from which he occasionally sipped. Chambers' resolution, which called for creating a corps of 100 confidential informants trained by the Nebraska State Patrol received four votes. Five senators voted against it Hannibal decides not to run again for Legislature Sen.

Gary Hannibal of Omaha said Friday that he will not seek re-election to the Legislature this year. He said his decision was based on time and money. "I just feel like it's more important for me to spend more time with my family and my business than it is to be here right now," he said He has a construction company. Hannibal 46, first was elected to rep-. resent the 4th District in 1982 and was re-elected in 1986.

He is a Republican in the officially non-partisan Legislature. tax collections and state aid together is the only kind of a limitation that effectively will result in reduced property taxes when you have substantial state aid Increases," he said. Dismayed State officials were dismayed that many 1989 local property tax bills rose despite a more than $100 million property tax relief program passel last year. Warner said he prefers lid on re- ceipts, rather than on budgets, because a budget lid becomes a floor. "Local governments have no choice but to go to the max each year because it's a use-it-or-lose-it situation," he said The idea of compounding the limitation annually introduces some flexibility, he said; because local governments lose no taxing authority if they don't increase property tax requirements by the allowable percentage in any one year.

Warner noted that the limitation ex-. eludes a great deal of revenue that local government receives, such as bonded indebtedness and growth in property tax revenue because of new construction. "We're only concerned with the impact of slate aid on property tax requirements," he said Warner said it ought to appeal to local governments that the limitation would not apply to new state-mandated programs. He said that would pressure the state to finance such programs it requires of local governments. He said it is desirable to put such a limitation in state statute, rather than In the constitution.

But he said he is not sponsoring this to stave off a petition drive for a constitutional limit on state and local government spending. He acknowledged, though, that without some sort of limitation, the chances for success of the petition drive are enhanced. there was not enough money in the private, state-authorized NDIGC. The two other institutions subsequently filed for bankruptcy. In its current form, the bin still would appropriate $33.8 million.

However, half of that appropriation would be in the current fiscal year, which would require the Legislature to declare an emergency and pass it by 33 votes. Without an emergency, it would need only 25 votes, and appropriate only half the amount Language in the bin would suggest the Legislature intends to reimburse the rest in the future. "The depositors have been on the nook for a long time and I think they need to see. what the Legislature intends to do," Landis said If his rules suspension fails, "111 wait until the 45th day (of the session) and read the bill then." with taxpayers' money. "Is that appropriate? Who is watching out.

for the taxpayers' Shouldn't it be the state auditor?" he asked In November the Papio-Missourl River Natural Resources District considered building a golf course but de-. tided against doing so. Breslow said that when Johnson assumed office, his employees audited an 93 counties, but "today the number of counties he audits is greatly reduced" Breslow was endorsed by Sen. Bob Kerrey, D-Neb. He worked on Kerrey's Senate campaign and served on the Governor's Executive Council in Kerrey said Breslow is "honest he has a strong sense of community and has a long distinguished career as a businessman." Breslow, a University of Nebraska-Lincoln graduate, Is chairman of the Lincoln Human Rights Commission, is a member of the Lincoln YMCA board and was Lincoln's United Way Volunteer of the Year in 1988.

He is past chairman of the state Aeronautics Commission and past president of the Nebraska Amateur Golf Association. new blood would do good over Sapp is active in University of Nebraska at Omaha athletic organizations and also has supported University of Nebraska-Lincoln sports. He said former NU President Ronald Roskens appointed him non-paid consultant to various UNL finance panels. Sapp owns truck stops, petroleum-sale operations, leasing, insurance, a motor vehicle dealership, real estate concerns and Ashland State Bank. If Hansen decides to seek re-election, he said, it would be a situation where "the best man wins.

Competition is good" Prostitute with AIDS dies ORLANDO, Fla. (AP) Elizabeth Kaye Sherouse, the first prostitute in the United States to be charged with attempted manslaughter In an AIDS-re-lated case, died Tuesday at age 21 working Nebraskans. The amendment failed 11-20. Judicial selection An amendment offered by Chambers' and Sen. Brad Ashford of Omaha that would have allowed the Legislature to confirm the members of the.

appellate court failed 8-21. Opponents of the amendment warned that the process of selecting Judges would become political Supporters said that if the Legislature wants to create a new court, it should be willing to take responsibility for how members of that court are chosen. If LR8CA is passed, the Legislature would have to pass a bill to establish the appellate court. A Judiciary Committee hearing on such a bill is scheduled next week. Right to one appeal A committee amendment to the bill was adopted to clarify that citizens would have the right to one appeal either to the apellate court or the Supreme Court In cases involving the death penalty or constitutional questions, there would be an automatic right of appeal to the Supreme Court In other cases, the high court would not necessarily have to hear appeals, depending on how the Legislature structures the appellate court thai remains fixed and stationary by design in relation to the type A real property for 12 months or more, and affixed shall mean actually or constructively annexed or attached." Elmer said the proposed system still would tax manufacturing equipment but would tax only part of center-pivot irrigation systems: the wen, the pipe attached to it and the pivot Bill smooths transition to first class for all cities Crete is hoping to make its climb past the 5,000 population mark less confusing with the introduction of LB977 by Sens.

George Coordsen of Hebron and Chris Abboud of Omaha, The 1990 census is expected to show that Crete has passed the 5,000 mark in population, making it a first-class city. Its 1980 population was 4,872. Under state law, when a city passes the 5,000 mark, all city council members and the mayor must resign and a new election must be held. The city's council wards are also increased to four from three. Crete City Clerk Gary Yank said the city asked Coordsen to introduce the bill to avoid the possible confusion of having an all-new city government LB957 would give a city up to six years to expand its council size.

Abboud said he joined on the bin because he recalls the transition his hometown of Ralston underwent when it became a first-class city. Crete appears to be the only city affected by the bilL Officials from two other cities, Fairbury, population 4,887, and Cozad, population 4,453, said they did not expect their towns to pass the 5,000 mark in the next census. LEGISLATURE By Associated Press HI LMlihiturt-lnd Session rh Legislative Day, Jon, 11. Convened: a.m. Introduced: LBsini-1122.

Advanced from general file: LRICA. LEGISLATURE By Associated Press There were 21 bills introduced Thursday in the Legislature. The bills: LSltei: Provide corporate status Mr Sertoma International. Elmer. LBItSl: Change penalty tor unauthorliod ves of propelled vehicle.

Longford. LBI104: Reviie retirement tnvestments. Haberman. LBH05: Allow relmbureamenf of Nebrosko State Patrol retirement fund. Hoperman.

LBllM: Aumorlie armor coatlne dletrlcts. Oood-1 LSI 1ST: The Interlocal Cooperation Act. Government Affairs Committee. LBtlet: Require tchoolt to report number of certified employees. McFarland.

LBllO Chonee pravitlons for school board meetings in Class IV end school districts. McFarland. 1 Lime: Require Irisurance coveroee for tovMlese mammoeraphy. McFarland. Schlmek.

LBltll: Provide for a statewide program at low dote mammography. LBllll: Create a reelitry of people with brain or head inlurles. Lynch. LBllll: Prohibit discriminatory actions bated On handicap or familial status. Wesely, Schlmek.

LBI1I4: Chonee the legal alcohol limit for OWI convictions. Beck, etal. 1 LBllll: Remove personal property fax on every-thine but motor vehicles. Wesely, Schlmek. LB1IH: Authorlie Income tax exemption! for children to parties in divorce proceedings.

Korshol. LBIII7: Require pay and employment condition od-lustments. Hefner. LBllll: Alldw some fuel tanks te be Installed above around. Bernord-Stevens, et ol.

LBIIIf: Exempt some vehicles from sunscreen requirements. Rogers, Lomb. LBIIM: Restrict the number el some lottery loco-tlons. Wlthem, HortneH. LBllll: Change a provision of county commissioner elections.

Wlthem. Hormett. LBlia: Change provisions relatine to the homestead exemption for eeme veterans. Beyer. John Breslow, 40, will seek auditorship on Demo ticket Wedding bells are ringing in the old and the new with, time honored traditions and contemporary values.

Over the years many things about weddings have changed, but one thing remains constant the joy and excitement that two people are feeling on their wedding day. Planning a wedding is no easy task. There's a lot of different aspects of the wedding that si I KA By United Press International Lincoln businessman John Breslo on Friday announced his candidacy for the Democratic nomination for state auditor. Breslow, 40, owner of LinWeld and LinAire corporations, criticized state Auditor Ray A.C. Johnson, 66, a Republican elected in 1970.

Johnson has not announced whether he win seek re-election. Breslow said Nebraska's founding John Breslow fathers intended the state' auditor to act as the "watchdog for the people." "Unfortunately, our watchdog has been asleep for the last 19 years," Breslow said "We need a watchdog who win stay awake." Breslow said that tax dollars were spent to hire a private corporate accounting firm to audit the state of Nebraska and that a natural resources district is planning to build a golf course 1' could be forgotten or left out completely if not planned properly. This goes the same for business if you don't plan ahead things might not work out the way you planned them. Wedding Edition will cover some of the latest trends, colors and styles in wedding apparel for the 1990's Bride and Groom. Wedding Edition will answer some of those questions involved in planning a wedding, such as: Time Schedules Licenses Music Wardrobes Photographs Cakes By advertising in the Journal-Star Wedding Edition your message will reach 83,000 Journal-Star readers and potential customers in Southeast Nebraska.

In addition, it will also be given out to all those who pick up an engagement package at the Journal Star (a direct market of Mure brides and grooms) giving it a longer shelf life. Make sure your message is seen. Plan now to advertise in the Lincoln Journal-Star Wedding Edition. Contact your Journal-Star representative or call the, advertising department today 473-7450 (toll free in Nebraska 800-742-7315). Published: Sunday, Jan, 28th Ad deadline: Monday, Jan.

15th tabloid format Businessman Lee Sapp, 60, in running for NU regent OMAHA (UPI) Lee Sapp, 60, owner of various businesses ranging from truck stops to a bank, has filed for the District 2 seat on the University of Nebraska Board of Regents. 1 Sapp said Thursday that his most important asset for the job is good business skills. District 2 Incumbent Kermit Hansen, 72, of Elkhorn plans to announce his plans next month. Hansen is in his 20th year on the board "Kermit and I are good friends and have been for years," Sapp said "I just think I have the time and maybe a little Ice arena open Saturday: The Exposition Hall Ice Arena at State Fair Park will have an open house Saturday from 10 a.m. to 6 p.m.

Lincoln Ice Skating Association members will be available to answer questions about the future of skating for Lincoln. Noteworthy mi Jotffnal-Star Printing ca 928 Street Lincoln, Nebraska 68508 1.