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May 5, 2021
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Senator Megan Hunt Introduces Legislative Resolution Addressing Insurrection At United States Capitol
Resolution introduced in response to LR 107, a blatantly partisan resolution signed by 31 state senators
Lincoln, Nebraska – State Senator Megan Hunt is concerned but amused by the precedent set by Senator Mike Groene and the thirty other state senators who cosponsored LR 107, including attorneys Speaker Mike Hilgers, Senator and former Speaker Mike Flood, Senator Tom Briese, and Senator Matt Williams. LR 107 is a blatantly partisan and frivolous resolution, which relates to subjects including election laws and voting rights, free exercise of religion, federalism and sharing of powers with the federal government, states’ rights as provided in the 9th and 10th Amendments, First Amendment rights, Second Amendment rights, healthcare and vaccines and the right to assemble and travel, a rejection of “vaccine passports,” and the private use of land and water. In keeping with this precedent set by Senator Groene and the thirty cosponsors of LR 107, Senator Hunt has introduced LR 118 to denounce the January 6 attack on the United States Capitol Building in Washington, D.C. and the acts of sedition and and insurrection surrounding it.
“Resolutions are not frivolous, and any resolution passed by the Nebraska Legislature may have consequential legal significance. We do not know how or whether another governmental body will interpret any given resolution we pass, whether that body is another state legislature, a state or federal court, or a governor or attorney general. Resolutions we pass, including the embarrassing and poorly-written LR 107, could be interpreted by courts as binding, or at a minimum, as formal findings of the Legislature on the particular subjects implicated in the resolution. For that reason, the thirty-one senators who sponsored LR 107 should be aware of the precedent they are setting and the door they are opening for blatantly partisan governance that does not reflect the values of Nebraskans,” Hunt said.
Additionally, LR 107 raises concerns about legislative leaders circumventing rules and procedures in the officially nonpartisan Unicameral. LR 107 was originally correctly referenced to the Government, Military and Veterans Affairs committee according to legislative rules and established history. However, the Executive Board, which has the final word on where bills and resolutions are referenced, moved LR 107 to their committee in an apparent attempt to route the measure away from the Government Committee, where LR 107 would not have garnered the votes necessary to advance. The introduction of LR 118 follows a motion by Hunt last week to re-reference LR 107 in accordance with good governance, which failed to gather enough votes to pass. Nebraskans should be concerned about this precedent of “committee shopping,” moving bills and resolutions into committees where the political majority is likely to get a favorable outcome.
Sponsors of LR 107 include: Senators Mike Groene (introducer), Ray Aguilar, Joni Albrecht, John Arch, Bruce Bostelman, Tom Brandt, Tom Brewer, Tom Briese, Rob Clements, Myron Dorn, Steve Erdman, Mike Flood, Curt Friesen, Suzanne Geist, Tim Gragert, Steve Halloran, Ben Hansen, Mike Hilgers, Robert Hilkemann, Dan Hughes, Brett Lindstrom, Lou Ann Linehan, John Lowe, Mike McDonnell, Mike Moser, Dave Murman, Rich Pahls, Rita Sanders, Julie Slama, John Stinner, and Matt Williams.
A copy of LR 107 is attached.