Inside the Rotunda

Legislative Roundup, Week 13

Last week was the first week of all-day floor debate and it was a flurry of activity with nearly 40 bills advancing. During this phase of the legislative session, things can move quickly. Keep up to date by following the Unicameral Update.

Voting Rights Victory

The Nebraska Legislature gave first-round approval Friday on LB75 (Wayne), which allows those completing prison sentences, parole or probation to have their voting rights immediately restored. Current law provides for a two-year waiting period for restoration of voting rights. Nebraskans for Civic Reform has worked hard to get this bill passed, resulting in a quick and surprising 28-5 vote Friday. For more information, read the news coverage in the Omaha World Herald and Lincoln Journal Star.

Human Trafficking and Domestic Violence Protections Move Forward

Legislators also gave first-round approval last week to LB289 (Pansing Brooks), which increases penalties on human traffickers. After several hours of debate in which some senators expressed reservations about raising mandatory minimums and questioned other aspects of the bill, LB289 advanced on a 42-0 vote. Senator Pansing Brooks committed to working with senators between General File and Select File to address their concerns.

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Legislative Roundup, Week 12

The Clock Ticks

Speaker Scheer has asked senators who have priority bills that are likely to generate extended debate to get advance vote counts. His email states in part:

“To facilitate being able to hear as many priority bills as possible, I intend to rely on the vote counts provided to me for bills that will likely require a cloture vote. If the sponsor of a bill can show me that they have 33 votes, or are within reach of 33, I have no problem spending 6 hours on any bill. However, if a bill is going to go to cloture and is not near the 33 vote threshold it will be scheduled for a specific period of time and then not scheduled on the agenda again until the sponsor can show me that he or she has the votes.”

The specific period for debate is likely to be three hours or less. This puts pressure on senators, staff, lobbyists, and advocates to work vote counts now. With limited time for floor debate, it reduces the ability to run the clock, cut deals and increase vote counts on the floor.

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Legislative Round Up, Week 11

Rules Relief

It took 49 days, but on Friday the Nebraska Legislature finally adopted its permanent rules for the session, leaving existing filibuster rules intact.

As noted in the Omaha World Herald:

“At the center of the rules fight was an effort by conservative senators to make it easier to end a filibuster. Under the rules adopted Friday, the filibuster rule remains unchanged. After a specified number of hours, a bill’s sponsor can seek to cut off debate by invoking cloture. It takes the votes of 33 senators, or two-thirds of the Legislature’s 49 senators, for a cloture motion to succeed. If cloture is reached, senators vote immediately on the bill’s advancement. If not, the bill effectively dies. Lawmakers had considered numerous proposals to change the rules, including some that would lower the threshold for invoking cloture and others that would put the burden on those maintaining the filibuster to find votes.”

The Lincoln Journal Star and NET Radio have additional coverage of the adoption of rules.

Final Week of Hearings

Hearings are winding down this week. Next week the Nebraska Legislature will move to all day floor debate. Because debate on the rules occupied so much time during the early part of the session and there is much work to be done, rumor has it that the Speaker intends to make May an entire month of late nights to help ensure priority bills are heard this session. Expect tired Senators, which can lead to crankiness on the floor.

Three bills of note this week:

Wednesday: The Health and Human Services Committee will hear testimony on LB128 (Groene), which would allow for drug tests of Supplemental Nutrition Assistance Program (SNAP) applicants who have a prior drug conviction.

The Revenue Committee will hear testimony on LB373 (Schumacher), which undoes bills that reduced revenue by over $5 million over the past decade.

Thursday: The Judiciary Committee will hear testimony on LR27 (Bolz), which is a resolution stating that “the members of the Legislature believe in protecting refugees regardless of race, ethnicity, religion, age or sex and appreciate their contributions to this state.”

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Priority Opportunities

Since senator and committee priority bills have been announced, let’s look at a few of the bills our members have been fighting for that could have positive impacts on low-income and marginalize people this session.

LB173 (Morfeld) – Senator Bolz came through in a big way last week for LGBT advocates, making LB173 her priority bill for the session. This bill makes it unlawful to discriminate against LGBT individuals in employment. Current law prohibits discrimination in employment based on race, color, religion, sex, disability, marital status or national origin. Twenty other states have protections that cover sexual orientation and gender identify, others only protect sexual orientation and others have bans that protect only public employees. Currently, Nebraska law offers no employment protections for LGBT individuals.

LB447 (Chambers) – This priority bill from Senator Chambers advanced on General File last week with a compromise amendment by Senator Linehan. As amended, the bill eliminates certain mandatory minimum sentences for non-violent drug offenses. As the Omaha World Herald notes:

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Priority Threats

Since senator and committee priority bills have been announced, let’s look at a few of the bills that could have negative impacts on low-income and marginalize people this session.

LB337 (Smith) – In what many advocates think is our largest threat in terms of budget and taxes, Senator Lindstrom prioritized the Governor’s income tax proposal, aimed at giving substantial tax cuts to the wealthiest Nebraskans. In a time of drastic cuts to curb our budget deficit, this bill seeks to take even more funds away from priorities, when the state isn’t even meeting its current obligations, like funding our corrections system. Advocates are preparing to put all hands on deck to fight this one.

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Legislative Round Up, Week 10

The landscape for the rest of the session became a lot clearer last week as advocates learned which bills now have senator and committee priority status. Click here for an explanation on priorities. The priority list isn’t complete, as the Speaker will soon announce (likely early this week) his selection of 25 additional priority bills.

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Legislative Roundup, Week 9

Prison Riot

The big news at the end of last week was the prison riot at Tecumseh that resulted in the death of two inmates. While the Governor and Corrections officials downplayed the riot – and even insisted it wasn’t a riot – senators expressed frustration on the floor of the Legislature last Friday. In particular, senators who have worked on the special committees dealing with systemic problems at Corrections in recent years took exception with attempts to minimize the event, pointing to the recent warnings in the LR34 Report, addressing issues of overcrowding, understaffing, prison programming and underfunding and the 2014 LR424 Report, the special investigation conducted after the 2013 murders committed by a former inmate (Nikko Jenkins). Senators involved in those studies urged their colleagues to read the reports.

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Legislative Roundup, Week 8

Every week is important during the legislative session, but this week may be the most determinative one as senators and committees are hitting crunch time to make important decisions about what bills get priority status.

Some of you may have seen the classic “Schoolhouse Rocks” video on how a bill becomes a law in the U.S. In Nebraska, the fundamental process is the same, but there are several procedural determinations that dictate a bill’s chances of even making it to the full body for consideration on the floor. Following are a few of the potential “process hurdles.”

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