Newsletter

LIBA
LIBA
L I N C O L N I N D E P E N D E N T B U S I N E S S A S S O C I AT I O N
BOARD
Chairman
Steve Hughes
Chairman-Elect
Bill Lien
Vice-Chairman
Paige Zutavern
Secretary
Matt Fox
Treasurer
Doug Wyatt
Directors
John Berry, Jr.
Jim Christo
Robin Eschliman
Darlene Fletcher
Robert Panzer
Charlotte Ralston
Ray Stevens
Corrine Sturdy
Kent Thompson
Ross Von Minden
Jack Zohner
Past Chairmen
David Pauley
Mark Hunzeker
Joe Bolubasz
Tim Cox
Doug Carey
Connie Hilligoss
Dean Hoag
John Hoppe Jr.
Tom Klein
Peter Katt
Jeff White
Richard Meginnis
Connie Jensen
Steve Bowen
Randy Harre
Hub Hall
Larry Anderson
Pat Kahm
Joe Hampton
Russ Bayer
Debby Brehm
Ron Ecklund
Bruce Bailey
Fred Duven
Arlene Sorensen
Bob Bryant
Ron Lockard
Scott Stewart
Hank Buis
Marty Miller
Dan Roth
Ken Wentz
Bob Sikyta
Jack Lorenzen
President & CEO
Coby Mach
General Counsel
Jerry Pigsley
COMMITTEE CHAIRS
Advisory
David Pauley
Budget Monitoring
John Baylor
Convention
Steve Hughes
Foundation
Paige Zoz
Government Caucus
Jason Christensen
Membership
Debby Brehm
PAC
Bruce Bailey
Public Relations
Phil Young
School Liaison
Wanda Caffrey
Legislative Action
Ken Svoboda
Youth
Dustin Lottman
JANUARY 2016
Luncheon
Program
Our guest speaker will be Congressman
Jeff Fortenberry, a former Lincoln City
Councilman who was elected to United
States congress. He will speak about
terrorism and other issues.
Monday, January 18, 11:30 am
Holiday Inn Downtown, 9th & P
As always, the monthly LIBA LUNCHEON is open to all LIBA Members and their guests with no advance
reservation required. The buffet line will open at 11:30 am, the meeting begins at 12:00 noon and ends
promptly at 1:00 pm. The luncheon cost is $12.00, but there is no charge to just attend the meeting. There is
free parking in the Holiday Inn garage while it lasts.
LIBA Luncheon Host: Rustad Dermatology PC
At the annual membership meeting on February 16, 2016, the LIBA members in attendance will elect new
members to serve on the LIBA Board of Directors. The Advisory Committee, in its role as the nominating
committee, and in accordance with the LIBA Bylaws, is placing the following LIBA members in nomination
for 3-year terms on the Board, to expire at the end of February 2019.
The nominees are:
Robin Eschliman – Eschliman Commercial Real Estate
Charlotte Ralston – R.U. Nuts Company
Ken Svoboda – Ray's Lawn & Home Care
Kent Thompson – Coldwell Banker Commercial Thompson Realty Group
Thomas Wright – Wright's Jewelers Inc.
Let LIBA Members Know Who You Are. Consider advertising in this newsletter. For a wide range of rates & details call 466-3419.
www.liba.org
Dear LIBA Members:
Welcome to 2016! May you have the
best year ever.
If you missed the December LIBA
Luncheon, you missed a great program.
Coby Mach did an impressive overview
of our 2016 Legislative Agenda. It's
proactive and positive with a clear
direction of what small business
members of LIBA would like to see of
our elected officials.
Our Keynote was Senator Galen Hadley, Speaker of the
Legislature, who discussed his hopes for the 2016 Nebraska State
Legislature. He said Nebraska is a high tax state, and he believes
it is the goal of the senators to lower taxes. This is a must if we
are to compete with the states around us who have lower taxes
than Nebraska. I remember very well, when we moved back to
Nebraska after six years in South Dakota, what a jolt it was to
receive all the extra tax bills that we did not have up there.
Senator Hadley also believes in not shifting taxes, because it is
just robbing Peter to pay Paul. We need to have actual tax relief,
which must include cutting spending. His words were a breath
of fresh air.
By the way, Plank #1 of the LIBA Platform on page 6 in the
directory says, 'Taxes are too high, but shifting the tax burden
from one area to another is not the answer. Rather, the solutions
are to reduce the size and scope of government spending and to
privatize whenever financially practical; to support government
consolidation and merging, increasing government efficiency;
put some tax exempt property back on the tax rolls; and make
taxes and tax policy more transparent.
Senator Hadley did a great job in communicating, not just the
desire to cut spending, but the difficulty in cutting spending.
I remember the words of President Reagan, "a government
program is the closest thing to eternal life on this earth." Cutting
the size of government is like dieting! It's hard, but the benefits
are enormous to anyone who succeeds in it. With the seventeen
senators present at the luncheon, I thought about how easy it is
to complain about 'our ever expanding government', but many
of these senators have rolled up their sleeves and are working
on our behalf to keep government limited and efficient. And
they are looking for direction and ideas from LIBA. They know
LIBA represents small business and are trustworthy leaders in the
community.
Let me close in saying, with all the above thoughts, LIBA is
on the right track. The LIBA committees, Coby Mach and his
staff have a great 2016 Legislative Agenda. They have begun
to communicate it and will continue to promote it to our state
senators and elected officials. Thank you for your involvement in
LIBA. We must band together as one for the benefit of all.
God bless you and all your endeavors for 2016.
May 2016 be your best year ever.
Steve Hughes, Chairman
LIBA couldn't have said it any better than that. It sure is
encouraging to hear leaders in our legislature who are on the
same page with us. We certainly need more of them.
He also said, we spend a lot of time looking at un-employment
numbers, but we should be looking at employment numbers.
How many people are working! People that work pay sales taxes,
pay income taxes, pay property taxes and they invest and spend
money in our businesses. So how many jobs are we creating
with our business climate?
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January 2016
Press Release
For Immediate Release
New Referral Groups Launch in Lincoln
Referral groups can be a helpful tool for business owners looking to grow their business in today’s economy. To
better facilitate business owners looking for referral networks, the Lincoln Independent Business Association has
developed a number of referral groups among its members. LIBA’s referral groups offer businesses of all types a
chance to meet at different times and locations throughout the city to discuss development opportunities.
LIBA’s referral groups have been developed in an effort to help members generate quality business referrals and
increase their overall sales or client portfolios. As a member of LIBA, participating in one of the organization’s
many referral groups will open countless doors and provide new opportunities to grow your business. If you’re
looking to take charge of your group there are president openings available.
Meeting Times
• 1st & 3rd Tuesday of the month at 5:00pm at Parthenon
• 2nd & 4th Wednesday of the month from 8:00-9:00am at Bagels & Joe
If you’re interested in more information regarding our referral groups, please call Kaleigh at the LIBA Office at
402-466-3419.
January 2016
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NEBRASKA’S MINIMUM WAGE NOW SURPASSES NEIGHBORING STATES
By Jerry L. Pigsley
WOODS & AITKEN LLP
LIBA General Counsel
The new year brings a hike in the minimum
wage under state law. Effective January 1, 2016,
Nebraska’s minimum wage per hour increases
from $8.00 to $9.00 as a result of a ballot measure
in 2014. Nebraska is one of 29 states with a
minimum wage higher than the federal minimum
wage of $7.25 per hour. All of our neighboring
states have a minimum wage rate lower than
Nebraska: Wyoming ($5.15), Iowa ($7.25), Kansas ($7.25), Colorado
($8.31), and South Dakota ($8.55).
Employers Subject to State Wage and Hour Act
LIBA members subject to the new state minimum wage law are any
individuals, partnerships, limited liability companies, associations,
corporations, business trusts, legal representatives, or organized groups
of persons employing four or more employees at any one time, except for
seasonal employment of not more than 20 weeks in any calendar year,
acting directly or indirectly in the interests of an employer in relation to
an employee.
Employees not Subject to Nebraska Wage and Hour Act
The following employees of LIBA members are exempted from the new
state minimum wage:
• Any individual employed in agriculture;
• Any individual employed as a baby-sitter in or about a private home;
• Any individual employed in a bona fide executive, administrative, or
professional capacity or as a superintendent or supervisor;
• Any individual employed by the United States or by the state or any
political subdivision thereof;
• Any individual engaged in the activities of an educational, charitable,
religious, or nonprofit organization when the employeremployee
relationship does not in fact exist or when the services rendered to
such organization are on a voluntary basis;
• Apprentices and learners otherwise provided by law;
• Veterans in training under supervision of the United States Department
of Veterans Affairs;
• A child in the employment of his or her parent or a parent in the
employment of his or her child; or
• Any person who, directly or indirectly, is receiving any form of
federal, state, county, or local aid or welfare and who is physically
or mentally disabled and employed in a program of rehabilitation,
who shall receive a wage at a level consistent with his or her health,
efficiency, and general well-being.
Tip Credit
LIBA members with “tipped employees” must pay a cash wage of at
least $2.13 per hour plus all tips given to them for services rendered. If
the employee’s tips combined with the employer’s cash wage of at least
$2.13 does not equal the minimum hourly wage of $9.00, the employer
must make up the difference.
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Training Wage
LIBA members may pay a new employee who is under age 20, and is
not a seasonal or migrant worker, a training wage of 75% of the federal
minimum wage ($7.25) for 90 days from the date the new employee
was hired. LIBA members may pay such new employees the training
wage rate for an additional 90day period while the new employee is
participating in onthejob training subject to the following conditions:
1.The on the job training period requires technical, personal, or
other skills, which are necessary for his or her employment and is
approved by the Commissioner of Labor; and
2. No more than 25% of the total hours paid by the employer shall be
at the training wage rate.
LIBA members are prohibited from paying the training wage rate if the
hours of any other employee are reduced or if any other employee is
laid off and the hours or position to be filled by the new employee is
essentially similar to the hours or position of such other employee. LIBA
members are prohibited from dismissing or reducing the hours of any
employee with the intention of replacing such employee or his or her
hours with a new employee receiving the training wage rate.
Poster Requirement
LIBA members are to post in a conspicuous place on or about the
premises wherein any person subject to the Nebraska Wage & Hour Act
is employed the poster from the Nebraska Department of Labor. The
poster is available online at www.dol.nebraska.gov. The English and
Spanish versions of the minimum wage poster must be printed at 11” x
17”.
Administrative Complaint
The Nebraska Department of Labor solicits wage complaints online
for individuals requiring assistance in obtaining past due/unpaid wages
from their employers and to resolve wage disputes involving payroll,
unauthorized deductions, minimum wage violations, and other issues
involving employee paychecks and payroll.
Penalty/Civil Action
The Nebraska Department of Labor has the authority to enforce the
Wage & Hour Act. A violation of the minimum wage law is a Class
IV misdemeanor and a civil action may be brought in state court by
employees to recover unpaid minimum wages, court costs, and attorney’s
fees. Accordingly, if you are subject to the new state minimum wage law,
review your payroll practices to ensure compliance.
Editor’s Note: This article is not intended to provide legal advice to our readers. Rather,
this article is intended to alert our readers to new and developing issues and to provide some
common sense answers to complex legal questions. Readers are urged to consult their own
legal counsel or the authors of this article if the reader wishes to obtain a specific legal opinion
regarding how these legal standards may apply to their particular circumstances. The author
of this article, Jerry L. Pigsley can be contacted at (402) 437-8500 or jpigsley@woodsaitken.
com or at Woods & Aitken LLP, 301 S. 13th Street, Suite 500, Lincoln, NE 68508-2578.
January 2016
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To learn more, call 402 441 5800
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5
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January 2016
At Rustad Dermatology, we don’t cut corners. We refuse to compromise when it comes to providing
you with the highest quality medical care available. In our office, your care will always be provided
personally by a board-certified physician, not by a physician assistant with a fraction of a dermatologist’s
training and experience. Most dermatology offices don’t make this commitment to you. Our training
and experience are exactly what allow us to make a fast, accurate diagnosis, and offer you cost-effective,
state-of-the art treatment.
Our patients expect five-star dermatology care every time, provided by a bona fide skin specialist. With three generations of
physicians in our family, we believe in the value of the medical education. Our doctors have completed years of training in
both dermatology and internal medicine. We have demonstrated our knowledge through board-certification and re-certification
in dermatology. We maintain our current knowledge through active memberships in a number of professional subspecialty
societies. This dedication is not about the diplomas on our walls. Our ongoing dedication to medical education is about serving
you, and the pride we take in knowing that we are able to give you the best care you’ll find anywhere
In medicine, some things can’t wait: A potentially life-threatening cancerous mole; A skin condition suspected to be serious by
your primary care doctor; An outbreak of acne days before your wedding. That’s why we offer same-day, noon-hour, and evening
appointments to allow us to see you immediately if you have an urgent care need – the care you need, when you need it.
At Rustad Dermatology, we’re all about being Nebraska’s premier skin specialists. To schedule a consultation with one of our
board-certified dermatologists, call us at 402.484.6222.
January 2016
7
WHAT TO EXPECT IN 2016: LEGAL TRENDS FOR
BUSINESS OWNERS
Perry A. Pirsch, Esq.
BERRY LAW FIRM
December 23, 2015
Minimum Wage: The Fair Labor Standards
Act sets the national minimum wage of $7.25;
however, it is a floor, not a ceiling. States
are free to set their own minimum wages. Nebraska’s minimum wage will increase to
$9 per hour effective January 1, 2016. This
is the rough equivalent to an annual salary of
approximately $18,000, based on 2000 hours
of work per year (or 40 hours per week, 50 weeks a year, and
two weeks’ unpaid vacation) before withholdings and taxes. It
compares to the federal poverty level for 2016 of $11,770 for a
single person and $15,930 for a couple.
Medical Marijuana in Nebraska: Marijuana is currently
legal for recreational purposes in four states and the District of
Columbia, and for medical purposes in 23 states and the District of
Columbia; however, it is still a federal crime to possess marijuana. Employees can be fired for testing positive for marijuana or being
high on the job; however, the Nebraska legislature will soon
be voting on medical marijuana. Under the Americans with
Disabilities Act, it is unlawful to discriminate against someone
simply because they are an addict. Further, an employee may
be entitled to a reasonable
accommodation for disabilities
impacting major life activities
if the employee can meet the
essential functions of the job
with (or without) a reasonable
accommodation. If Nebraska
legalizes medical marijuana,
to avoid litigation, before
firing someone who tested
positive, you should consult
with your employee and an
attorney.
8
Transgender Employees: Title VII makes it unlawful to
discriminate against an employee due to race, color, religion,
national origin, and gender. While gender was not a defined
term under the act, the Courts historically interpreted gender not
to include sexual preferences. More recently, however, courts
have been providing protection to employees who defy gender
stereotypes (regardless of sexual preference). Discriminating
against a transgender employees due to their defying gender
stereotypes is evolving into a violation of Title VII. Election Politics: The country will be electing a new president
in 2016. Nebraska law expressly provides employers must give
employees enough paid time off so that they have at least two
consecutive hours to vote while the polls are open. Employers
may not penalize or
reduce wages of employees who take leave to vote if they have
requested time. Further, employees are entitled to civil leave to
serve on an election or counting board.
Update Employee Handbooks. At the start of every year, every
employer should review its employee handbook for changes in
the law and changes in their status as an employer. For example,
the number of employees can subject an employer to new federal
acts: Title VII and the Americans with Disabilities Act apply to
employers of 15 employees or greater, but the Family Medical
Leave Act applies to employers who have fifty employees within
a seventy-five mile radius. Call us for a free consultation. January 2016
January 2016
9
Welcome our new members to LIBA!
Cabi Clothing
Jackie Hughes
10300 Pioneers Blvd.
Lincoln, NE 68520
860-305-0972
Chick-fil-A
Charlie Colon, Jerry
Dittenber, Chris Cole
6810 South 27th Street
Lincoln, NE 68512
402-975-2448
Copal Progressive
Mexican Cuisine
Cinthia Lopez
4747 Pioneers Blvd.
Lincoln, NE 68506
402-486-0488
Credit Management Services, Inc.
Carlie Harris
8055 O Street, Ste. 215
Lincoln, NE 68510
402-477-8888
Dick Clark Law
Dick Clark
1008 S. 8th Street
Lincoln, NE 68508
402-915-1791
ELEY Corporation
Warren Eley
PO Box 22640
Lincoln, NE 68542
402-458-8489
Farm Bureau Financial
Jeff Peszulik
5005 S. 153rd St., Ste. 202
Omaha, NE 68137
402-300-8001
From Nebraska Gift Shop
Jim & Barb Ballard
803 Q Street
Lincoln, NE 68508
402-476-2455
King's Inspections
Randy King
PO Box 6291
Lincoln, NE 68506
402-450-0978
Lincolnbuys, LLC
Rex and Janet Peterson
PO Box 22144
Lincoln, NE 68542
402-580-8694
MembersMD
Ryne Bessmer
PO Box 24822
Omaha, NE 68124
402-934-6283
Midland Medical Supply Co.
Al Borchardt
P.O. Box 6037
Lincoln, NE 68506
402-423-8877
Pflanz Publications, LLC
DBA Women's Edition
Cassidy Vineyard Pflanz
4210 S. 33rd Street
Lincoln, NE 68516
402-466-2677
Phoenix Web Group
Neil Johnson
10824 N 142nd Street
Waverly, NE 68462
402-789-5111
Woods Bros. Realty
Debra Wagner
7141 A Street
Lincoln, NE 68510
402-440-1314
Tommy Trotter
7938 Hunters Ridge Road
Lincoln, NE 68516
JO
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NR
Y
’S
435-5555
No Overtime - 7 days a week - 7am-7pm
24 hr. service is available
“Request Work Online at www.jhlincoln.com”
give
security .
Join us.
unitedwaylincoln.org
10
January 2016
Why?
I gain an hour. Both directions. Yep.
Less time on the road. I love our hometown airport.
SHARE THE L VE. Check LNK every time you fly.
L I N CO L N A I R P O R T. CO M
January 2016
11
all things Apple.
all things Local.
235 S. 70th St. Lincoln, NE
402.483.6400
12
January 2016
QPR Gatekeeper Training
What is QPR?
QPR stands for Question, Persuade, and Refer —3 simple steps
anyone can learn to help save a life from suicide.
The mission of QPR is to save lives and reduce suicidal
behaviors by providing innovative, practical and proven suicide
prevention training. QPR will train people to recognize the
warning signs of a suicide crisis and how to question, persuade
and refer someone to help. We believe that quality education
empowers all people, regardless of their background, to make a
positive difference in the life of someone they know.
What is a Gatekeeper?
According to the Surgeon General’s National Strategy for
Suicide Prevention (2001), a gatekeeper is someone in a position
to recognize a crisis and the warning signs that someone may be
contemplating suicide.
Gatekeepers can be anyone, but include parents, friends,
neighbors, teachers, ministers, doctors, nurses, office
supervisors, squad leaders, foremen, police officers, advisors,
caseworkers, firefighters, and many others who are strategically
positioned to recognize and refer someone at risk of suicide.
January 2016
As a QPR-trained Gatekeeper you will learn to:
• Recognize the warning signs of suicide
• Know how to offer hope
• Know how to get help and save a life
To schedule a free 1 ½ hour QPR Training at your place of
employment, at your church or in the civic organization you
are a part of contact Rose Hood Buss at 402-441-4367 or
[email protected].
Rose Hood Buss
Prevention Specialist
Region V Systems
1645 "N" Street
Lincoln, NE 68508
402-441-4367 (phone)
402-441-4335 (fax)
[email protected]
www.region5systems.net
13
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January 2016
January 2016
15
LIBA Ribbon Cutting
Congratulations to LIBA Members Nikki Saathoff of Edge Men’s and Women’s Apparel and to Nikki
Ostrander and Terri Watts of Watts Insurance. Both businesses moved; Edge Men’s and Women’s Apparel
relocated to 1501 Pine Lake Road, Suite 11 and Watts Insurance moved to 6221 S. 58th Street, Suite E!
Please mark your calendars and join us for our next ribbon cuttings:
• Friday, January 15th at 10:00 a.m. at Lincoln Escape Room, 3700 S 9th St, Lincoln, NE.
If you’re opening a new business or relocating and are interested in a ribbon cutting, please call the LIBA
Office, 402-466-3419.
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January 2016
January 2016
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18
January 2016
Renewal Members
Abundant Life Family Chiropractic, LLC
Ayars & Ayars, Inc.
Baylor, Evnen, Curtiss, Grimit & Witt, LLP
BB Roofing, LLC
Capitol Heating & A/C, Inc
Cather & Sons Construction Co.
Christo Design Build, Inc.
Commercial Realty Group, LLC
Courtyard by Marriott
David Duff Agency
Dietze Music
Ewerth & Associates, C.P.A, P.C.
Farm Bureau Financial Services
Fazoli's
FBG Service Corporation
First National Bank
First State Bank Nebraska
Garner Industries
Great Western Bank
Great Western Bank
Hartland Homes
Holmes Lake Chiropractic
Home Real Estate
Home Real Estate / PJ Homes
Inspro Insurance
Integrated Life Choices
Jake's Cigars & Spirits
Jay R. Sorensen, CPA
Judson Irrigation Inc.
KLKN-TV
KNTK, 93.7 FM
Lincoln Business Journal
Lincoln First Realty
Manzitto Real Estate
Mid-Town Body & Paint Shop
Midwest Pump & Equipment Co.
Nelnet
Nothing Bundt Cakes
O Street Carpet
Peetz & Company
Pine Lake Health, LLC
RBC Wealth Management
RE/MAX Real Estate Concepts
Revolution Wraps
Sam's Club
Schilling Bridge Cork & Tap House
Southeast Community College
State Farm Insurance
Stuchlik & Associates Ins.
Stuchlik & Associates Ins.
Stuefer Bros. Construction Co., Inc.
The Adwood Company
The Career Academy
The Minnow Project
The Nebraska Club
UNICO Midlands
West Gate Bank
Wolfe Electric Company, Inc.
Woods Bros. Realty
January 2016
Remember to do business with LIBA Members!
Brian Wehling, D.C.
Mike Ayars
Peter W. Katt
Blaine Brown
Tom Wieser
Tom Petsch
Jim Christo
Laura M. Bell
Aaron Stitt
David J Duff
Ted Eschliman
Brad Ewerth
Dustin Lottman
Scott Replogle
Guy Robarge
Thomas L. Klein
Jerry Sukup
Philip Mullin
Harrison Stark
Scott Walters
Duane L. Hartman
Austin Weaver
Jim Swanson
Patricia L. Ohmberger
Loren Sweigard
Joshua Midgett
Jason Hutchison
Jay Sorensen
Judson Byleen
Ben "BJ" Nannen
Jessica Fern
Jill Micek
Mary Pat Waite
Sam Manzitto, Jr.
Dan & Melissa Pape
Dennis Walls
Ben Kiser
Sharon Hansen
Steve Carper
Natalie C. Peetz
Dr. Matthew Glenn
Sheryl LaDuke
Mike & Polly Figueroa
Scott & Ryan Stara
Kathy Kintigh
Dallas Schilling
Paul Illich
Bev Higgins
Deon Dragoo
Michael Stuchlik
Dayle Stuefer
Megan Meier
Dr. Dan Hohensee
Todd Calfee
Tom Westfal
Tony Ojeda
Michael Allison
Richard Wolfe
Dick Young
Lang W. Anderson III
Gary F. Burchfield
Steven E. Guenzel
John A. Gale
Scott Gaines
Dave Kentopp
Debra E. Schorr
Joyce Simmons
Hank Buis
Pat Young
4716 Prescott Ave
2436 N 48th Street
1248 O St, Suite 600
6615 S. 84th Street
3040 South Street
P.O. Box 29199
6945 N. 7th St.
300 North 44th Street, Suite 103
808 R Street
2455 Pine Lake Road, Ste 100
5555 S 48th Street Suite G
237 S. 70th St., Ste. 219
5540 South Street, Suite 202
4603 Vine Street
5820 Colfax
134 S. 13th St, Suite 100
4915 Old Cheney Rd
P.O. Box 29709
1235 N Street
1235 N Street
P.O. Box 22787
2855 S. 70th Street #101
2555 Worthington Ave.
7211 S. 27th St.
PO Box 6847
PO Box 80728
101 North 14th Street, Suite 7
3601 Calvert Street, Ste. 22
3901 S. 6th St, Suite C
3240 S. 10th St.
330 N 48th, Ste A
1324 S. 119th St.
5701 S. 34th Street #101
3341 Pioneers Blvd.
332 South Antelope Valley Parkway
P.O. Box 22638
121 South 13th Street, Ste 600
4107 Pioneer Woods Drive
1732 O St.
1233 Lincoln Mall, Suite 202
3901 Pine Lake Road, Suite 211
6940 O St, Suite 400
7031 S. 33rd Street
2901 N. 27th Street, Suite B
4900 N 27th Street
575 Fallbrook Blvd, Ste. 109
301 S. 68th St. Pl.
123 S. 84, Suite D
130 Cherry Hill Blvd.
130 Cherry Hill Blvd.
4550 N. 48th St.
1920 SW 6th St, Suite A
8800 O Street
815 O Street #3
233 S. 13th St, Suite 1708
4435 O Street
P.O. Box 82603
7121 Amanda Rd.
3737 S. 27th Street
2530 S. 20th Street
3849 Dudley
1227 Lincoln Mall
State Capitol, P.O. Box 94608
2311 Jenna Lane
5220 S. 66th Street Circle
6730 Hickory Crest Cr.
3502 Cape Charles Rd E
5427 Homestead Ct
962 N. Lakeshore
Lincoln, NE 68506
402-858-6130
Lincoln, NE 68504
402-435-8600
Lincoln, NE 68508
402-475-1075
Omaha, NE 68127
402-926-8367
Lincoln, NE 68502
402-483-6080
Lincoln, NE 68529
402-464-2113
Lincoln, NE 68521
402-476-2288
Lincoln, NE 68503
402-484-5333
Lincoln, NE 68508
402-904-4800
Lincoln, NE 68512
402-420-7453
Lincoln, NE 68516
402-476-6644
Lincoln, NE 68510
402-486-3777
Lincoln, NE 68506
402-770-0131
Lincoln, NE 68503
402-466-4045
Lincoln, NE 68507
402-467-1108
Lincoln, NE 68508
402-323-5273
Lincoln, NE 68516
402-858-1253
Lincoln, NE 68529
402-434-9100
Lincoln, NE 68508
Lincoln, NE 68508
Lincoln, NE 68542
402-477-6668
Lincoln, NE 68506
402-937-9963
Lincoln, NE 68502
402-560-9317
Lincoln, NE 68512
402-432-2822
Lincoln, NE 68506
402-484-4867
Lincoln, NE 68501
402-742-0311
Lincoln, NE 68508
402-261-5944
Lincoln, NE 68506
402-520-9370
Lincoln, NE 68502
402-420-6277
Lincoln, NE 68502
402-436-2233
Lincoln, NE 68504
402-464-5611
Omaha, NE 68144
402-434-7752
Lincoln, NE 68516
402-430-7494
Lincoln, NE 68516
402-483-2301
Lincoln, NE 68510
402-474-4818
Lincoln, NE 68502
402-476-6681
Lincoln, NE 68508
402-458-3024
Lincoln, NE 68506
402-483-2253
Lincoln, NE 68508
402-476-7567
Lincoln, NE 68508
402-438-4960
Lincoln, NE 68516
402-423-4200
Lincoln, NE 68510
402-465-3815
Lincoln, NE 68516
402-314-5609
Lincoln, NE 68521
402-475-2886
Lincoln, NE 68521
402-438-3540
Lincoln, NE 68521
402-852-6255
Lincoln, NE 68510
402-323-3415
Lincoln, NE 68510
402-483-2838
Lincoln, NE 68510
402-489-8990
Lincoln, NE 68510
402-489-8990
Lincoln, NE 68504
402-466-6544
Lincoln, NE 68522
402-435-5222
Lincoln, NE 68510
402-436-1316
Lincoln, NE 68508
402-475-3322
Lincoln, NE 68508
402-476-3228
Lincoln, NE 68510
402-434-8050
Lincoln, NE 68501
402-323-8916
Lincoln, NE 68507
402-464-4333
Lincoln, NE 68502
402-430-8784
Lincoln, NE 68502
402-476-0147
Lincoln, NE 68503
402-466-6339
Lincoln, NE 68508
402-475-4240
Lincoln, NE 68509
402-471-1572
Lincoln, NE 68512
402-430-2715
Lincoln, NE 68516
Lincoln, NE 68516
402-421-1102
Lincoln, NE 68516
402-376-6600
Lincoln, NE 68521
402-438-5720
Lincoln, NE 68528
402-440-4392
19
2016 LIBA Legislative Priorities
Eliminate the Personal Property Tax on Nebraska Businesses. The
Legislature’s efforts last year to reduce the personal property tax were a
big first step. The implementation of LB 259’s reduction will result in an
average of $162 in savings per personal property tax payer. But the complete
elimination of the personal property tax is the important end goal. Although
the 2015 number will be less as a result of LB 259, in 2014, Nebraska
businesses paid more than $217 million in personal property taxes. The
personal property tax not only costs businesses financially, but it is also
very costly in terms of the time and effort necessary to complete and file the
appropriate tax returns, which are filed individually in each county in which
a business owns personal property. Many of Nebraska’s nearby states do
not impose any tax on personal property, including Iowa, South Dakota,
North Dakota, and Minnesota, and others nearby are working to phase such
taxes out. Indeed, experts report that there has been a national trend to shift
away from personal property taxes, including states like Kansas and Maine
that are working to phase their personal property tax out. LIBA supports the
elimination of the personal property tax and asks Nebraska legislators to
look for ways to phase out this tax that directly impacts Nebraska’s existing
and new businesses.
Protect Nebraska Public Entities from Unnecessary Penalties in the
Affordable Care Act. As of 2018, employers, including public entities,
that provide “Cadillac” health insurance plans will be required to pay a
punitive tax to the federal government. In real terms, for example, the City
of Lincoln has projected the punitive “Cadillac Tax” will result in a health
insurance penalty to the city of more than $700,000 per year. The Nebraska
legislature must address this major threat to public finances by adopting
some statutory provision that prohibits public entities from providing
health insurance benefits that will result in taxpayer dollars being used to
pay a punitive tax to the federal government.
Utilize ACT Testing to Better Assess the College Readiness of Nebraska
High School Juniors. Nebraska students are currently administered
the NeSA test as juniors in high school. Administering tests to measure
academic progress can be extremely helpful if done properly and effectively.
Unfortunately, administering the NeSA test to high school juniors does not
appear to be the best way to effectively measure our students’ educational
attainment, particularly as compared to students from schools across the
nation. The ACT provides a broad exam that is ubiquitously recognized as
a way of measuring educational attainment and college readiness. Because
of the widespread understanding of what a score on the ACT means, ACT
scores provide a solid metric for assessing our education system. The pilot
program that has allowed nearly all juniors in Lincoln Public Schools to
take the ACT test has been a success because it has provided benchmarks
for comparing schools in the LPS system with one another, while also
providing a means of comparing LPS students’ performance with other
students across the state and nation. Because of the pilot program, we are
now able to report that the average ACT score for LPS students of 20.7 is
lower than the national average score of 21.0, but the LPS college readiness
rating of 29 percent is higher than the national average rating of 28 percent.
We can also make a quick comparison of LPS to private schools and know
that the LPS marks are both lower than the Lincoln Pius X average score
of 24.3 and college readiness rating of 45 percent. Simply knowing these
numbers allows us to determine where we are in our education efforts. If
Nebraska high school juniors throughout the state were given the ACT
exam in place of the NeSA exam we could better measure the college
readiness of Nebraska students and determine how our educational efforts
match up with other states. LIBA urges our lawmakers and the State Board
20
of Education to work together to make the ACT a statewide metric to better
measure our educational success and our students’ college readiness.
Adjust the State Aid Formula to Avoid Penalizing Schools for Reducing
Their Levy. The formula which determines the amount of state aid Nebraska
school districts are eligible to receive provides an incentive for school
districts to maintain a maximum property tax levy, even in years in which
property tax relief might be possible. For example, using the current
TEEOSA formula, were Lincoln Public Schools to levy at less than the
statutory maximum, state aid funding in future years would be jeopardized.
LPS officials have told us that even a minor reduction in the LPS levy from
$1.05 to $1.035 – a one-and-a-half-cent reduction – would result in a loss of
about $325,000 in state aid. Providing districts with leeway to reduce their
levy without the threat of lost funding would benefit tax payers, and LIBA
asks that our legislators consider such a proposal to help address the serious
issue of statewide property tax relief.
Reduce or Eliminate Unfunded Mandates. State law directly dictates many
functions of county government and further requires the provision of certain
state services on the county level. Even so, the state does not pay for counties
to carry out many of these requirements. The practice of requiring counties
to perform state-mandated functions without any financial assistant from
the state is directly responsible for Nebraska counties’ heavy reliance on
property taxes. According to Lancaster County officials, taxpayers annually
fund through property taxes more than $21 million worth of state-mandated
services, including such expenses as nearly half-a-million dollars to house
and support state probation services. Policy requiring that state-mandated
programs be funded by state revenue, rather than by county property taxes,
will work to provide consistency in county fiscal budgeting and will help
relieve the burden of property taxes on Nebraskans.
Close Nebraska Defined Benefit Pension Plans and Move New Employees
to Defined Contribution Plans. Nebraska’s defined benefit pension programs
at all levels have accumulated more than $1.8 billion in unfunded liability.
This is an unacceptable risk for Nebraska’s taxpayers and Nebraska
employees who depend on these funds for their retirement. It is time for
Nebraska’s policy makers to address the issue by working to find ways
to place employees on defined contribution plans, shifting the risks of
economic returns away from the taxpayers.
Require Earmarked Roads Funding Be Spent On Roads. In recent years,
some municipalities have begun to spend tax revenues earmarked for
the repair and construction of roads – such as gas tax revenue and
Build Nebraska Act dollars – on related, but ultimately nonequivalent
infrastructure projects like bike paths and sidewalks. For example, the City
of Lincoln’s Capital Improvement Plan 2014-2020 (CIP) acknowledges the
need for about $3 million worth of funding for repairs and maintenance to
city sidewalks in 2016-2017. In the CIP, the City has identified about $1
million of funding to complete those repairs. The $1 million of identified
funding is comprised entirely of “State Highway Allocation Funds,” which
are state sales and fuel tax proceeds diverted to the City for roads projects.
While trails and sidewalks are noteworthy amenities, roads are the critical
infrastructure that connects our state and allows us to complete our dayto-day activities. LIBA asks for a renewed emphasis on building and
maintaining Nebraska’s roads, and urges Nebraska’s legislators to work to
ensure that funds earmarked for road construction and repair are actually
spent on traffic-carrying roads.
January 2016
Youth Committee
Over the past few months, the Youth Committee has
been working on a plan to increase both the number
of scholarships awarded each year and to increase the
dollar amount of most of the existing awards. The
plan was presented to the LIBA Foundation Board of
Governors, and after much debate it was decided that
each spring LIBA will award $15,000 split among
applicants who can meet certain requirements.
This plan increases the total amount to be awarded,
and will be effective beginning in 2016. Some of
these additional scholarship awards will be set
aside and made available specifically for high
school seniors who have a parent or guardian who
is employed by a company that maintains a current
LIBA membership. The Committee is very excited
to expand the LIBA scholarship program, and
extends a heartfelt thanks for the generous support
of LIBA members and donors.
School Liaison Committee
This month, the School Liaison Committee
discussed at length the LPS final budget book. It
was noted that the total cash reserve for LPS now
stands at about $78 million. A number of questions
about the total amount needed to preserve the
district’s bond rating arose, and whether this level of
cash reserves is necessary to maintain the system’s
financial health. The Committee also discussed
some of the actions taken by LPS over the past few
months. The district will be conducting an audit of
its Special Education programs to determine the
effectiveness of the programs and what actions
can be taken to ensure their success. Ten percent of
LPS students are currently accessing some portion
of special education services. Also, it was pointed
out that the LPS graduation rate decreased by about
2% this year. It is unclear what has caused this slight
decrease. Finally, the Committee discussed a recent
publication from the Nebraska State Education
Association that identified Lincoln Public Schools
as having the highest starting salary for teachers
in the state, had the highest maximum salaries for
teachers who had obtained their masters, and had
the highest maximum salary on the system’s salary
schedule. The Committee determined to continue
to look for ways to educate the public about the
district’s financial health in terms of its ability to pay
our teachers, and to work to find ways to provide
Lincoln residents property tax relief.
Public Relations Committee
The Public Relations Committee met this month to
discuss the committee’s budget for the upcoming
year and to determine strategy for the our public
campaign for LIBA’s 2016 legislative priorities. As
we get closer to our annual convention and awards
banquet, the PR Committee is considering the most
effective means of publicizing our award winners.
We will finalize our budget and publication strategy
during our January meeting. The PR Committee
also determined to renew LIBA’s sponsorship of the
Grow Lincoln radio show for the upcoming year.
January 2016
Legislative Action Committee
The Legislative Action Committee heard a short
report from LIBA staff about some of the interim
study hearings LIBA has been following. Notably,
a hearing was held regarding the unfunded liability
of Nebraska pension plans and those municipalities
with unfunded pension obligations. All three state
pension plans are currently unfunded at a total of
about $1.9 billion. Omaha has major unfunded
pension liability totaling more than $800 million.
Lincoln’s police and fire pension plan is currently
underfunded at a total of more than $80 million,
and the liability is expected to climb to more than
$100 million following the year end report. The
Committee also heard a summary of the City’s South
Haymarket redevelopment plan, and discussed
concerns related to the identification in the plan of
the need for a JPA to complete the project. Upon
motion, the Committee directed LIBA staff to
work to remove references to a “South Haymarket
JPA” from the plan. We are glad to report that the
mayor’s office was willing to work with LIBA staff
to develop amendments to the plan that removed
the call for the creation of a new JPA in the South
Haymarket. The plan as amended was adopted by
the City Council a few weeks ago, and LIBA will
continue to monitor the City’s involvement in this
major, long-term redevelopment.
Bizco Biznet
LIBA’s January Bizco Biznet will be hosted by
Hickory Road BBQ at their new Lincoln location at
5571 S 48th Street on January 14, 2016, from 4:30 to
6:30 p.m. Drinks and hors d’oeuvres will be served.
This event is open to all LIBA members and their
guests. Bring a friend and enjoy some great BBQ
and networking!
GP Customs Coffee & Contacts
Profile by Sanford will host LIBA members at their
location at 7121 Pioneers Boulevard, Suite 130, for
our GP Customs Coffee and Contacts on January 26,
2016, from 7:30 to 9:00 a.m. This networking event
is free to attend. Bring a guest and come enjoy coffee
and company.
LIBA Luncheon
This month’s LIBA Luncheon is scheduled for
January 18, 2016, at the Holiday Inn Downtown.
Our keynote speaker will be Congressman Jeff
Fortenberry, a former Lincoln City Councilman
and current representative for Nebraska’s 1st
Congressional District. Lunch is $12, begins at
11:30 a.m., and is served buffet style. If you do
not wish to eat, the luncheon is free and open to
the public. Parking is also free in the Holiday Inn
parking garage as long as it is available.
Budget Monitoring Committee
The Budget Monitoring Committee heard a short
presentation from LIBA staff on the history of the
City of Lincoln’s use of Certificates of Participation
(“COPs”) to finance the completion of municipal
projects. COPs are authorized under Nebraska
statute via a mechanism that allows cities of the
primary class to pay for the purchase of real or
personal property in installments. The city then
sells bonds to holders who assume an interest in the
city’s future installment payments for the items or
property. Since 2001, Lincoln’s total outstanding
debt obligation for COPs has risen from a little
more than $1 million to more than $41 million as
of this fall. Projects for which this financing tool
has been used include more than $15 million in
COPs to fund the purchase and renovation of the
Municipal Services Center, commonly known as
the Experian Building, $2.5 million to install art and
landscaping along the entry corridor from the airport
into downtown, more than $4 million to repair and
construct sidewalks, $1.5 million to construct a new
clubhouse at Holmes Lake Golf Course, and more
than $14 million on streetlights. Each of these COPs
bonds has a different fixed interest rate, ranging from
1.6% to about 3.7%, and each has different terms of
repayment, ranging from 13 to 22 years. There is no
limit or restriction on the City’s use of COPs as a
funding mechanism. Considering the extent of the
outstanding COPs obligations and the rapid rise in
the City’s reliance on them, the LIBA Legislative
Action Committee raised a number of concerns and
is considering potential policy approaches to address
this important issue.
21
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January 2016
January 2016
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Lincoln Independent Business Association
620 North 48th Street, #205
Lincoln, NE 68504
(402) 466-3419 FAX: (402) 466-7926
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1819202122
LIBA Luncheon, Holiday
Inn Downtown, 11:30 a.m.
Budget Monitoring
Committee, LIBA
Office, 7:30 a.m.
Convention Committee,
LIBA Office, 11:45 a.m.
Advisory Committee,
Nebraska Club, 11:45 a.m.
2526272829
Coffee & Contacts, Profile
by Sanford, 7:30 a.m.
Convention Committee,
LIBA Office, 11:45 a.m.
Public Relations
Committee, LIBA
Office, 11:45 a.m.
FEBRUARY 1
2345
Membership Committee,
LIBA Office, 11:45 a.m..
School Liaison, LIBA
Office, 11:45 p.m.
Convention Committee,
LIBA Office, 11:45 a.m.
Legislative Action,
LIBA Office, 11:45 a.m.
8 9101112
Youth Committee, LIBA
Office, 11:45 a.m.
Convention Committee,
LIBA Office, 11:45 a.m.
Board of Directors,
Nebraska Club, 11:30 a.m.
Foundation, LIBA Office,
11:45 a.m.
Bizco BizNet, TBA, 4:30 p.m.
1516171819
LIBA Luncheon, Holiday
Inn Downtown, 11:30 a.m.
Budget Monitoring
Committee, LIBA Office,
7:30 a.m.
Convention Committee,
LIBA Office, 11:45 a.m.
Advisory Committee,
Nebraska Club, 11:45 a.m.
2223242526
Government Caucus,
Golden Corral, 11:45 a.m.
Convention Committee,
LIBA Office, 11:45 a.m.
Public Relations
Committee, LIBA
Office, 11:45 a.m.
2930313233
7950 O St.
402-323-4800
Lincoln, NE 68510 FAX 402-323-4848
www.bizco.com