The Legislature continued working its way through senator and speaker priority bills this week, with much of the time spent on yet another round of filibusters on spending-related measures. Monday will be the 25th day of the 60 day session, and the priority deadline for senator and committee priority bills comes this Thursday. We’ll then learn which bills will jump to the top of the debate line and take up most of senators’ remaining floor time for the year.
With the way things have been going on the floor thus far and with several senators indicating they’ll prioritize bills that were controversial in committee, it looks like the rest of the session will be more or less a series of filibusters over tax cuts, spending measures, and divisive “culture war” issues. Take, for example, the seemingly retaliatory move to block Senator Walz’s LB 890 after the defeat earlier this week of Senator Briese’s LB 986. Walz’ bill, which would have reformed Nebraska’s school finance formula as part of an effort to increase state aid to public schools and thus drive down local property tax collections, was put on the chopping block by opponents sore about the way Briese’s measure to cap school property tax revenue – also aimed at reducing property taxes- was filibustered earlier in the week. It’s gotten pretty “tit for tat” around here, and in this body where bill passage all comes down to a numbers game, this bodes a lot better for those in the political majority. It takes 17 members to filibuster a bill and 33 to overcome one.
On the Floor
Senator Briese’s school district revenue cap mentioned above, LB 986, fell victim to a filibuster. Concerns were raised about its impact on funding for struggling schools and its restriction of local control in school funding decisions. Opponents argued that the proper way to achieve property tax relief is to increase the state’s share of funding that supports schools. Senator Walz’s LB 890 was part of a bifurcated effort to do just that. LB 890 and its companion bill, LB 891 (Sen. Lindstrom), would have funneled $715 million state general fund dollars to K-12 education and reform the state’s notoriously complex education funding formula (TEEOSA).
Given that LB 890 is presumably dead, it seems unlikely that LB 891 will move. This issue seems to have become a political quagmire. While some continue to demand restrictions on school spending and various types of cuts or credits to provide tax relief, others insist that sustainable property tax relief can’t be achieved without reforming and improving the state’s support for schools. It’s unclear whether either side will be able to rally the support needed to get something substantial passed this year. These were the two measures legislators spent the bulk of their floor time on in this 4-day workweek.
Senator Ben Hansen’s priority, LB 906, advanced after what began looking like a filibuster but eventually opponents conceded after it was apparent Hansen had the 33 votes necessary to overcome the filibuster. The bill requires employers with vaccine requirements to grant medical or religious exemptions to employees not wishing to receive the COVID vaccine.
Hearings
Most notable for CSN readers was Friday’s hearing on Nebraska’s failure to apply for emergency rental assistance funds the federal government has made available for states due to the pandemic. Senator Matt Hansen filed AM1737 on LB 446, considered a “vehicle” or “shell bill” to carry the content of the amendment, following the Governor’s public assertion that Nebraska would not be applying for the funds. The Governor explained his reasoning was that he felt accepting the funds would contribute to a “welfare state” in Nebraska. Nebraska is only one of two states to decline the funds. AM 1737, if passed, would require Nebraska to accept the funds.
On Friday, a packed hearing was held over the lunch hour, with many citizens and advocates showing up to paint a picture of the very real need that exists for these funds in our communities. Some senators on the committee noted that this was a rare instance in which landlords and social service organizations both came out on the same side in support of a measure. I’d speculate that the measure could have enough support to advance from the Urban Affairs committee. The challenge could be whether it receives enough support on the floor to withstand a likely veto from the Governor, who is obviously opposed to it.
It takes 30 votes to overcome a veto. I’ll keep you posted on where it stands as we learn more. Interested readers should contact their senators and the members of the Urban Affairs committee to urge their support.
Other hearings of interest that happened this week:
- LB 777 (Brewer) would create a digital video archive of legislative committee and floor proceedings
- LB 1113 (McKinney) would use ARPA funds to create a pilot program of $1000 monthly payments to support youth aging out of foster care in the Bridge to Independence program
- LB 1237 (Brewer) a rebrand of the same private school tax scholarship bill Linehan has attempted the past several years
- LB 857 (Day) would streamline eligibility and enrollment for youth to be enrolled in government healthcare programs if their family already receives SNAP
- LB 1023 (Hilgers) would authorize the creation of a 4,000 acre lake between Lincoln and Omaha, near the Platte River floodplain
- LB 1015 (Hilgers) would authorize the development of Ricketts’ proposed Platte River canal and reservoir project near Colorado. It was a rare sight to see Ricketts himself testify on this one.
The Week Ahead
We’ll start the week with the first of a few blocks of Consent Calendar bills. For the unfamiliar, these are noncontroversial bills that get voted on in a group with little or no debate, at a maximum of 15 minutes. These are bills that don’t deal with contentious subject matter and that received no opposition at the hearing. Senators must request to have their bills placed on the consent calendar, and if any three members of the Legislature object, a bill can be removed from the list. It’s a way to quickly advance noncontroversial measures without taking unnecessary time.
Senators will then likely spend at least several hours on LB 939, Senator Linehan’s proposal which the Governor has publicly backed, to cut top individual income tax rates. Supporters argue that this will help keep us competitive with surrounding states and help attract and retain workforce, while opponents will likely raise concerns that analyses show the bill will disproportionately benefit the state’s highest earners.
With a huge chunk of priority bills yet to be designated in the early days of this week, the schedule is fairly wide open at this point. Stay tuned.
Until next week,
Your Capitol Fly on the Wall
